LAWS(BOM)-2022-1-182

OSCAR DE NORONHA Vs. STATE OF GOA

Decided On January 06, 2022
Oscar De Noronha Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) By these Writ Petitions, the Petitioners have challenged circulars dated 15/16/7/2021 and 16/8/2021 issued by the Directorate of Higher Education as also a circular dtd. 13/7/2021, issued by the Directorate of Education.

(2.) The Petitioners in Writ Petition No. 1770 of 2021 are teaching at certain Government Colleges in the State of Goa, while the Petitioners in Writ Petition No. 1820 of 2021 are teachers in Government aided schools in the State of Goa.

(3.) The common grievance of the Petitioners in these two Writ Petitions before this Court is that, by the impugned circulars, the aforesaid Departments of the State of Goa have insisted upon the teaching and non-teaching staff of Schools and Colleges to take vaccination doses and if they fail to get vaccinated, they are required to produce RT-PCR reports every week for attending duties. According to the Petitioners, they had submitted representations before the concerned Departments of the State for making vaccination by the teaching and non-teaching staff voluntary and not mandatory. In the grounds raised in these Writ Petitions, various apprehensions have been expressed, including an apprehension that the vaccination doses may have detrimental effects on the health and long terms effects on the human body. It is also apprehended that if vaccination doses are not taken and as per the circulars the teaching and non-teaching staff of Schools and Colleges are required to undergo repeated RT-PCR tests, it may damage their nasal cavities.