Delhi High Court Grants Interim Relief To Teacher Who Refused Covid-19 Vaccination Due To Medical Reasons, Orders Release Of Salary

As an interim relief, the Delhi High Court has directed release of two months' salary to a teacher who did not take any vaccination dose for COVID-19 owing to his medical conditions and was resultantly denied to take online classes in a city school.

Justice Yogesh Khanna issued notice on the plea filed by one R.S. Bhargava seeking directions to be reinstated into service and to be removed from "on leave" status thereby allowing him to conduct the classes through virtual conferencing mode.

The plea also sought directions that the petitioner be paid salary for the months of December and January by the school.

"Since the salaries for the last two months of the petitioner are not paid, hence, it be released to the petitioner forthwith subject to the adjustments to be made on the final outcome of this petition," the Court said.

It was submitted on behalf of the petitioner that vide various orders of Delhi Government and District Disaster Management Authority (DDMA) all the teachers were directed to be 100% vaccinated. However, the petitioner did not take the vaccine due to certain health conditions.

The Court was apprised that in October last year, an exemption was granted to the petitioner by the Delhi Government from taking vaccination, however, such approval was unilaterally withdrawn vide order dated October 29, 2021 on the basis of a circular of the DDMA. It was therefore the petitioner's case that due to his health problems, he was not eligible to be vaccinated and it was more than risky for him to take vaccination.

It was argued that once considering the medical condition of the petitioner an exemption was granted, the act of respondent authorities to unilaterally withdraw such exemption was totally illegal and against medical advice given to the petitioner.

The Court did not agree with the submissions made by Advocate Shadan Farasat that the orders of Delhi Government and DDMA were applicable only to the Government Schools and not to the private schools.

The Court therefore directed the petitioner to file a latest medical report in view of the aforesaid. The counter affidavit is also directed to be filed within two weeks.

"However, before passing any order it would be appropriate to take on record the response(s) of all the respondents and of course, the latest medical developments if any, on this issue and hence the petitioner herein is directed to file his latest medical certification qua the fact as to if could be safe for him to step outside his house and to attend school, and also if he is entitled to any exemption from the rigors of circular/orders of DDMA/GNCT of Delhi as it is submitted by the learned senior counsel for respondent no.4 that schools are expected to be in physical mode soon," the Court ordered.

The matter will now be heard on March 8.

Case Title: R.S BHARGAVA v. GOVERNMENT OF NCT OF DELHI AND ORS.

Click Here To Read Order