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Employer cannot insist on Covid vaccination, says Delhi HC

Edited by: Pathikrit Sen Gupta

Last updated: January 26, 2023, 1:49 AM IST

The court also notes that the teacher has in any case been vaccinated.  (Representative Image/Reuters)

The court also notes that the teacher has in any case been vaccinated. (Representative Image/Reuters)

The court heard a plea from a teacher seeking an explanation that she could go to school, teach and take on other responsibilities without being forced to take a Covid vaccine

The Delhi High Court recently ruled that the employer cannot insist on vaccination against Covid-19 in a plea filed by a school teacher seeking freedom to attend school, attend, teach and other responsibilities that are her imposed without forcing her to take a vaccine.

A Prathiba M Singh court allowed the teacher to protest to the concerned authority regarding the service benefits and asked the authority to make the decision within 30 days.

The order was passed in a plea filed by Isha, a history teacher at the government’s high school for girls, seeking a declaration that she would be allowed to attend the school, teach and take on other responsibilities without being forced to leave the school. to take Covid vaccine.

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

Noting this, the Supreme Court said: “In view of the above orders regarding similar factual situations, the current petition, together with all pending applications, is removed with the instruction that Covid-19 vaccination cannot be demanded by the employer, in terms of the various orders passed above.”

In addition, the bank also found that the teacher is now at least vaccinated. Therefore, the bank added that only the issues that remain in the petition are related to benefits. The court then asked the relevant authorities to make a decision on the issue of benefits within 30 days.

All pending applications in the case were rejected by the court, which ruled that employers cannot “press” that workers receive vaccination.

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