Justice Rekha Palli of the Delhi High Court on Tuesday issued notice on a plea questioning the mandatory vaccination guidelines which promote discrimination on the basis of vaccination status and severely affect the right of citizen’s to earn livelihood.
Justice Palli refused to stay the impugned orders while issuing Notice in the case, stating that no ground for granting interim relief was made. Furthermore, the Court has granted the parties four weeks to file counter-affidavits in the case and another three weeks to file rejoinder.
This is not the first time that such a petition has been filed before the Court. Advocate Abhimanyu Yadav, counsel for the Petitioners/ teachers, sought quashing of the guidelines directing vaccination of all government employees working in Departments/ Autonomous Bodies/PSUs/Local Bodies/Educational Institutions under Government of NCT of Delhi, including Frontline workers, Healthcare Workers as well as Teachers and other staff working in Schools/ Colleges by 15.10.2021. Accordingly, those who are not vaccinated by then will be treated “on leave”.
The petitioners pray for quashing the illegal circulars/orders/directions published by the respondents directing mandatory vaccination and the same having effect on their service.
The plea states that directions by the Respondents not only infringe the fundamental rights of the Petitioners under Article 14 & 19 of the Constitution of India, 1950 but also endanger the life of the Petitioners particularly that of the Petitioner No. 1 who suffers from a skin disorder. Moreover, genuine concern of the Petitioner 1 is that no compensation in cases of vaccine complications has been announced. Petitioner 2 has been directed not to attend the school until getting himself vaccinated
The petitioners’ principal argument is that forced vaccination violates the petitioners’ fundamental rights, and that they have the freedom to choose. Furthermore, they are against the guidelines of GOI. Respondent/ Ministry of Health and Family Welfare on its website under the heading “Frequently Asked Question on Covid-19 Vaccine” has stated that the Convid-19 vaccine is voluntary.
“That there is no such power under Section 22 of the Disaster Management Act, 2005 to make vaccination mandatory and treat government employees on leave if not vaccinated or restrict them from work. The same is discriminatory and goes against the fundamental rights of the Petitioners.”
The matter had been clubbed with other similar petitions and listed for hearing on February 3, 2022.