Bengaluru: The Karnataka High Court on Saturday observed that no student above the age of 18 years, teachers, and staff can be allowed to attend schools and colleges unless they have received at least one jab of the COVID vaccine.
The division bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum was hearing a PIL filed by Mangaluru doctor Srinivas B Kakkilaya and others. The bench dismissed the PIL and said at least one dose of the COVID vaccine should be mandatorily taken by those attending schools and colleges.
The PIL had claimed that the circular issued by the state government on July 16, 2021, making vaccination mandatory in nature was in violation of fundamental rights as guaranteed under Articles 14 and 19 (1) (g) of the Constitution of India.
It had also added that the World Health Organisation (WHO) has maintained that the vaccination does not prevent the spread of the virus hence has little potential of stopping the pandemic.
According to the petitioners, such discrimination based on unreasonable classification, such as status of vaccination of an individual, is curbing the rights to practice any profession. The petitioners further claimed that the circular violates the dictum of the Supreme Court in the Common Cause Vs Union of India (2018) case which recognized the right, choice, and liberty of an individual to prefer the medicine of his/ her choice.
“We are of the considered view that no student, teacher or staff who have not received vaccines shall be permitted to attend the school or college, where the students gather in large numbers and risk them. As such no directions can be issued to permit such teachers, students, or staff who have not received at least one dose of vaccine to attend colleges in terms GO dated July 16, 2021,” the court said.
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New Delhi (PTI): Justice Bhushan Ramkrishna Gavai was on Wednesday sworn in as the 52nd Chief Justice of India.
He was administered oath by President Droupadi Murmu at a brief ceremony at Rashtrapati Bhavan.
He succeeds Justice Sanjiv Khanna, who demitted office on Tuesday on attaining the age of 65 years.
Justice Gavai, who was elevated as a judge of the Supreme Court on May 24, 2019, will have a tenure of over six months and would demit office on November 23.
Justice Gavai took the oath of affirmation in Hindi.