Delhi HC directs school to permit unvaccinated teacher to join duty, release balance salary

The court also ordered the school to release the balance salary, after deducting 10 per cent, as well as the allowances payable to the petitioner for the relevant period.

High Court of the National Capital directed a private school here to allow an unvaccinated teacher to join duties after a medical board found he was at a ‘higher risk’ of having an allergic reaction to the Covid-19 vaccine. Assuring the safety of students and other staff members, Justice Rekha Palli noted the teacher shall always wear a mask while in the school premises and observe Covid-19 appropriate behaviour and guidelines.

Covid-19 vaccination has been exempted as a special case for the petitioner considering the medical condition, the Delhi government told the Delhi HC. “The writ petition is disposed of by directing respondent number 4 to forthwith permit the petitioner to join his duties,” directed the court in its order dated September 22.

The report given by a five-member Board constituted by the AIIMS opined the petitioner was “at a higher risk of developing an allergic reaction to the Covid-19 vaccine as compared to the general population”.

The court also ordered the school to release the balance salary, after deducting 10 per cent, as well as the allowances payable to the petitioner for the relevant period. The petitioner suffered from Angioimmunoblastic T-cell Lymphoma (a type of cancer) and was thus consistently advised by doctors that his condition may deteriorate in case he takes the Covid-19 vaccine. However, following the government orders making it mandatory for all teachers to be 100 per cent vaccinated, he was not allowed to discharge his duties. He told the court that the exemption granted to him by the authorities was unilaterally withdrawn in October 2021.

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