The court upheld the impugned circulars based on public interest and safety of students, while noting the provision for medical exemption for staff unable to get vaccinated

JUDGMENT

MANISH PITALE,J.

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.

4. The Respondents entered appearance and opposed the reliefs sought in these Writ Petitions, inter alia, contending that it was necessary for the teaching and non-teaching staff of the Schools and Colleges to be vaccinated, because such staff would be interacting with students who are yet to be covered under the vaccination program.

5. When the Writ Petitions were called out for hearing, the learned Counsel appearing for the Petitioners in these Writ Petitions, reiterated the contentions raised in the Writ Petitions and prayed for setting aside the impugned circulars. It was highlighted that if the Petitioners had any medical condition which would result in health complications on receiving the vaccination doses, it would be a serious matter and that, therefore, this Court may consider the prayers made in the Writ Petition.

6. Mr. Pangam, the learned Advocate General, appearing on behalf of the Respondent-State authorities in both the Writ Petitions, submitted that there is no substance in the contentions raised on behalf of the Petitioners. It was brought to the notice of this Court that similar circulars issued in different States, were challenged in the High Courts, and that various High Courts had passed orders upholding such circulars. It was submitted that a Division Bench of this Court in a recent Judgment and Order dtd. 21/12/2021, rejected identical contentions raised in Writ Petition (L) No. 17132 of 2021 (Deepak Kumar Radheshyam Khurana v. Mumbai Port Trust), wherein similar circular issued by the Mumbai Port Trust dtd. 15/6/2021, was made subject matter of challenge. According to the learned Advocate General, all the contentions raised on behalf of the Petitioners stand answered against them and that, therefore, the present Writ Petition deserves to be dismissed.

7. We have perused the Judgment and Order passed by the Division Bench of this Court in Deepak Kumar Radheshyam Khurana v. Mumbai Port Trust (supra). A perusal of the said Judgment shows that the contents of the circular dtd. 15/6/2021 issued by the Mumbai Port Trust, are as follows:

"(ii) Employees who have not registered for vaccination/Registered but not taken any dose of vaccine so far, will not be permitted to attend office without production of RT-PCR test conducted by a recognised hospital at their own cost w.e.f. 16/6/2021.

(iii) The RT-PCR test report will be valid for ten days only and thereafter the employees have to again submit fresh RT-P