JOIN USNo vaccine, no entry to schools, colleges, says Karnataka HC
The high court of Karnataka on Saturday categorically said that no student (18 years and above), teacher or staff can be permitted to attend school or college unless they have received at least one dose of Covid-19 vaccine.
A division bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum said this while dismissing a PIL filed by Dr Srinivas B Kakkilaya, a medical practitioner from Mangaluru city, and others.
The petitioners claimed that the circular issued by the state government on July 16, 2021, which makes vaccination mandatory in nature, is in violation of fundamental rights as guaranteed under Articles 14 and 19 (1) (g) of the Constitution.
The petitioners contended that the World Health Organisation (WHO) has held that the vaccination does not prevent the spread of the disease from person to person and hence has little potential of stopping the pandemic or preservation of public health.
The petitioners further stated that the circular coerces the teachers and non-teaching staff to meet the arbitrary and baseless parameter requiring 60 per cent of the staff to be vaccinated in order to operate for additional business hours.
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 recognised the right, choice and liberty of an individual to prefer the medicine of his/ her choice.
The bench declined to entertain the contention raised by the petitioners.
“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.
73L refunded by hospitals
Meanwhile, Bruhat Bengaluru Mahanagara Palike (BBMP) has informed the court that a total Rs 73.28 lakh has been refunded by the hospitals to 303 Covid-19 patients.
The court had directed the BBMP to initiate action against the hospitals that have charged an excessive amount for the treatment of Covid-19 patients.
The court was told that, so far, 1,715 complaints have been received against 343 hospitals with regard to the collection of excess amounts.
The government advocate informed that Rs 10.2 crore has been withheld following these complaints.