Doctors move HC against Delhi Govt order to mark unvaccinated employees 'on leave'

New Delhi: The Delhi High Court Thursday sought response of the Delhi government on a plea by two doctors challenging its order prohibiting healthcare, frontline workers, and teachers from attending their offices on failure to get even first dose of COVID-19 vaccine by October 15.

The doctors, working in a government hospital here, claimed that it was a violation of their fundamental right as it violates their right to earn a livelihood and right to attend office.

Justice Rekha Palli, who issued notice to the Delhi government and sought its reply on the petition, however, said the petitioners are doctors and if they will say like this, half of the population will come and say that they do not want to get themselves vaccinated.

"We are a country with such a large population…. Your clients are doctors they should understand this even more," the court told the counsel for the petitioners. The court listed the matter for further hearing on February 3 next year.

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As per the October 8 order of Delhi Disaster Management Authority (DDMA), the government employees/ frontline workers/ healthcare workers/ teachers and other staff working in schools/colleges, who do not get vaccinated (at least first dose) by October 15, 2021, shall not be allowed to attend their respective offices/ health care institutions/ educational institutions with effect from October 16, 2021, till they have obtained the first dose vaccination.

The order added that this period of absence from duty shall be treated as 'on leave' till the administration of the first dose of vaccination. Dr Neetu Chaudhary and another doctor urged the court to either partially set aside the October 8 order to the extent that it prohibits them from attending the office without vaccinating themselves or to allow them to attend the duty on production of a COVID negative report on a fortnightly basis.

Advocate Preetam Singh, representing the doctors, said the order violates their fundamental right, including the right to earn a livelihood.He said the state of Nagaland has given this option to the people that they can either get themselves vaccinated or give a COVID negative report.

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