Does Policy Mandating COVID-19 Vaccination Affect Citizens' Right To Earn Livelihood? Delhi HC Issues Notice On Teachers' Plea

The Delhi High Court on Tuesday issued notice on a plea raising a question as to whether the action of mandating COVID-19 vaccination can adversely affect citizens' right to earn livelihood? This is the third such petition before the Court.

Justice Rekha Palli issued notice on the plea filed by two teachers seeking quashing of the guidelines issued by the Delhi Government directing mandatory vaccination of all Government employees, including Frontline workers, Healthcare Workers as well as Teachers and other staff working in Government Schools and Colleges.

"That the Petitioners are before this Hon'ble Court on the grounds that whether vaccination can be made mandatory and whether such mandatory action can adversely affect the right of the Petitioners/citizens to earn his livelihood, is an issue which require consideration," the plea reads.

The Court has granted four weeks' time for the purpose of filing counter affidavit in the matter whereas a further period of three weeks has been granted for filing rejoinder.

Can Employers Force Their Employees To Undergo Covid-19 Vaccination?: Delhi High Court Issues Notice On School Teacher's Plea

While issuing notice on the petition, the Court however refused to stay the impugned orders and ordered thus:

"No ground has been made for granting interim stay. The application is therefore rejected."

Filed through Advocate Abhimanyu Yadav, the plea states that the directions are violative of the fundamental rights of the Petitioners guaranteed under Article 14 & 19 of the Constitution of India. It also mentioned that the said action will be endangering the life of one of the Petitioners, particularly who already has a skin disorder.

"That the directions/orders/circulars of the Respondent No 1-6 directing the Petitioners to be vaccinated and in the event of failure to get vaccinated they would be treated on leave is contrary to the guidelines of the Union of India and also violative of Article 14 and 21 of the Constitution of India," the plea adds.

The plea also states that the period of absence from duty, in case of not getting vaccinated, shall be treated as "On Leave" till the administration of the first dose of vaccination. In this backdrop, the plea avers that the forceful vaccination goes against the fundamental rights of the Petitioners as they have a right to choose.

"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 plea states.

The matter has now been listed for hearing with other similar petitions challenging the impugned guidelines.

Case Title: DEEPAK KUMAR & ANR v. GOVT. OF NCT OF DELHI & ORS