Karnataka High Court Refuses To Interfere With State Government Order Allowing Only Students, Teachers, Staff With One Dose Of Vaccine To Attend Colleges

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum while disposing off a petition filed challenging the government order dated July 16, said, "We are of the considered view that no students, teacher or staff who has not received vaccination be permitted to attend the colleges where the students gather in large number and risk them. As such no direction can be issued to permit such students, teachers or other staff who have not received at least one dose of covid-19 vaccine to attend the colleges."

During the hearing of the petition filed by Dr Srinivasa B Kakkilaya, the counsel for the petition said, "All those students who have medical issues may not be compelled to undergo vaccination and be permitted to attend the colleges." The bench orally noted, "You have no right to say you will not get vaccinated."

The bench also disposed of a bunch of other petitions regarding hospital infrastructure, availability of beds and vaccination for the disabled. The court observed that, "On account of cases of covid-19 reducing over a period of months in Karnataka. We, therefore dispose of the writ petitions with the observation that liberty is given to the petitioners, to file fresh petitions if the situation demands."

The batch of petitions including the main petition filed by one Mohammed Arif Jameel were filed in the year 2020 during the first wave of the pandemic and the subsequent lockdown announced by the Central Government.

The court while disposing of the petitions observed, "Covid Appropriate Behaviour should be followed and proper social distancing and masks shall be worn at public places and there shall be no laxity in this regard."

As regards other pending matters, the court directed amicus curiae, Vikram Huilgol to submit a detailed list of the petitions indicating their relevance. The matters will next be heard on January 27, 2022.

Case Title: Mohammed Arif Jammel v. Union of India

Case No: WP 6435/2020