DEEPAK KUMAR RADHESHYAM KHURANA Vs. MUMBAI PORT TRUST

JUDGEMENT

(1.) The Petitioners are employees of the Mumbai Port Trust ("MPT"). The Petitioners have impugned MPT's Circular dated 15th June, 2021 which inter alia reads as under:

(2.) It is common ground that a majority of the Petitioners are not fully vaccinated against Covid-19 and they have chosen not to owing to personal reasons.

(3.) The Petitioners contend that MPT's imposition of a vaccine against Covid-19 is discriminatory between vaccinated and non-vaccinated employees. That vaccination is a voluntary act and that they cannot be compelled to vaccinate themselves. Reliance is placed on a response of the Ministry of Health and Family Welfare, Government of India dated 9th March 2021 to an RTI Application wherein it has been made clear that taking a vaccine against Covid-19 is a voluntary act. In this regard, reliance is also placed on the decision in Common Cause (A Registered Society) vs. Union of India [(2018) 5 SCC Page 1 ] . The Petitioners further contend that no meaningful distinction can be made between vaccinated and unvaccinated persons and that both stand on the same footing in terms of their likelihood to transmit Covid-19. Reliance is placed on decisions of other High Courts to support this contention. Accordingly, the Petitioners contend that the distinction which is sought to be drawn between vaccinated and unvaccinated employees and the differential treatment provided to these categories of persons by the MPT is discriminatory and violative of the Petitioners' fundamental rights. It is also alleged that the classification of persons into vaccinated and unvaccinated categories has no rational nexus with the object sought to be achieved i.e. protection of employees from contracting Covid-19.