DR. NIRJHAR BAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an Assistant Teacher of St. James' School, Kolkata and prays for a declaration that administration of Covid-19 vaccine is not mandatory when it conflicts with a person's personal religious beliefs. The petitioner also seeks a mandamus commanding the respondent School to forthwith allow the petitioner to continue his work as a teacher and release his salary with all arrears from October 2021.

(2.) The petitioner's objection to being administered the Covid-19 vaccine is specific to the Covishield manufactured by AstraZeneca; on the ground that the clinical trials as documented in journals show that the vaccine has been experimented on foetuses (or foeti), which according to the petitioner, is against Christian beliefs. The petitioner says that the Covishield vaccine has hence become 'tainted' and cannot be forced on a devout, practising Christian. The petitioner is unsure of the methods employed in the clinical trials for the Covaxin vaccine and is hence resistant (ideologically) to any form of forced vaccination. The petitioner is outraged at having been denied entry into the School by reason of his refusal to be vaccinated. The grievance extends to deprivation of salary and not being permitted to carry on with his teaching commitments.

(3.) The petitioner is particularly aggrieved by a Notice issued by the School on 28/9/2021, asking the staff to submit their Vaccination Certificates by 30/9/2021, failing which the staff would be considered on leave without pay. Since the petitioner chose not to take the Covishield vaccine - or any other vaccine for that matter - the petitioner was not allowed to enter the School premises since October 2021. The petitioner accordingly seeks a direction on the Principal, St. James' School, to cancel the said Notice.