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2022 Supreme(Cal) 1620

MOUSHUMI BHATTACHARYA
Nirjhar Bar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Subir Sanyal, Sumouli Sarkar, Sagnik Roy Choudhury.
For the Respondents: Dhiraj Trivedi, Sanchita Barman Roy, Tanay Chakraborty, Chhandak Dutta, Vaswati Chakraborty, Priyanjit Kundu, Rajiv Lochan Chakraborty, Ashmita Chakraborty, Snigdha Saha.
For the State : Bhaskar Prasad Vaisya, Joydip Banerjee.

JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

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 Astra-Zeneca; 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

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