Read Time: 04 minutes

Synopsis

The Delhi High Court recently held that the Covid-19 vaccination cannot be insisted upon by the employer. The order was passed in a plea filed by a school teacher seeking liberty to attend school, mark attendance, conduct teaching, and other responsibilities designated upon her without forcing her to take Covid19 vaccine.

A bench of Justice Prathiba M Singh allowed the school teacher to make representation to the concerned authority in relation to the service benefits and asked the authority to take a decision within 30 days.

The plea was filed by one Isha, a Government Girls Senior Secondary School, History Lecturer seeking a declaration that she should be allowed to attend the school, conduct teaching, and undertake other responsibilities without being forced to take the COVID-19 vaccine.

The bench stated that the issue related to non-vaccination has already been considered by the Supreme Court in Jacob Puliyel vs Union of India & Ors., and by the Delhi High Court in Narendar Kumar vs Government of National Capital Territory of Delhi.

Noting the above, the High Court in the present case said, "In view of the above-mentioned orders relating to similar fact situations, the present petition, along with all pending applications, is disposed of with the direction that Covid-19 vaccination cannot be insisted upon by the employer, in terms of the various orders passed above".

Additionally, the bench also observed that in any case, the school teacher had now been vaccinated as well. Therefore, the bench added that only issues that remained in the petition were related to service benefits. Upon this, the Court asked the concerned authorities to take a decision on the issue of service benefits within 30 days.

All pending applications in the present case were disposed of by the court, which ruled that employers cannot "insist" that employees receive vaccinations.

Case Title: Isha Vs. State (NCT of Delhi) & Ors.