Full access at just Rs 3/day

Journalism of Courage
Advertisement

After AIIMS report, Delhi High Court lets unvaccinated school teacher resume duties

A five-member board constituted by All India Institute of Medical Sciences said the teacher was at a higher risk of developing an allergic reaction to the Covid-19 vaccine.

The petitioner pointed out that though he was initially granted an exemption by the Delhi government from taking any Covid-19 vaccination, this was unilaterally withdrawn on October 29, 2021. (File)

The Delhi High Court has allowed an unvaccinated private school teacher to resume his teaching duties after a report of a five-member board constituted by All India Institute of Medical Sciences (AIIMS) stated that the teacher was at a higher risk of developing an allergic reaction to the Covid-19 vaccine as compared to the general population.

A single judge bench of Justice Rekha Palli on September 22 directed a prominent private school in South Delhi to “forthwith permit the petitioner to join his duties”. The court further directed the school to “release the balance salary along with all allowances payable to him after deducting 10% from the salary payable for the period between 02.11.2021 till the date of his rejoining duty” and said it should “be paid within a period of six weeks from today”.

In March, the court, after taking into account the petitioner’s plea that it was only after getting medical advice that he had decided not to take the Covid-19 vaccination, directed the school to pay 50% of his salary, with effect from February 2022.

The court had also asked the Delhi government to take a considered decision on the petitioner’s representation seeking exemption from taking the Covid-19 vaccine. The Delhi government after reconsideration had directed the petitioner to appear before the “concerned doctor at AIIMS to obtain conclusive medical advice as to whether he could, without any undue risk to his health, take the vaccination for Covid-19”.

Subscriber Only Stories
Premium
Premium
Premium
Premium

The plea stated that the petitioner, who is working as a PGT-Chemistry teacher, was suffering from angio immunoblastic T-cell lymphoma (involving B-cell), and was consistently advised by doctors from various medical institutions that his condition may deteriorate if he takes the vaccination as he had in the past suffered serious allergic reactions from various drugs and medications.

As there were various orders passed by the government of NCT of Delhi (GNCTD) and the District Disaster Management Authority (DDMA) making it “mandatory for all teachers to be 100% vaccinated”, the petitioner was not allowed to discharge his duties as he has not been able to take the Covid-19 vaccination on account of his medical condition.

The petitioner pointed out that though he was initially granted an exemption by the Delhi government from taking any Covid-19 vaccination, this was unilaterally withdrawn on October 29, 2021.

Advertisement

The five-member board from AIIMS, in its report dated September 8, observed, “As per documents provided by…, he is suffering from following medical ailments I.e. Angioimmunoblastic T-Cell Lymphoma currently clinically in remission and not on any immunosuppressive chemotherapy. He is also suffering from Type 2 Diabetes Mellitus with a history of suspective drug induced maculopapular eruptions and documented urticarial vasculitis/ panniculitis, while on treatment of lymphoma. Based on careful scrutiny of available records, the board members opined that, in view of his past history of maculopapular drug eruption I urticarial vasculitis/panniculitis, he may be at higher risk of developing allergic reaction due to Covid vaccination as compared to general population.”

Based on this report, the deputy director of education (south-west district) passed an order on September 20, acceding to the petitioner’s request for exemption from Covid-19 vaccination “as a special case, with a condition that he shall observe Covid-appropriate behaviour and guidelines, as issued by the appropriate authorities from time to time”.

During the course of the hearing, the counsel for the petitioner assured that the “petitioner will ensure that he always wears the mask while in the school premises, and will also observe Covid-19 appropriate behaviour and guidelines”.

First published on: 27-09-2022 at 11:34:35 am
Next Story

Traffic curbs in Bengaluru today owing to President Droupadi Murmu’s visit

Home
ePaper
Next Story
close
X