Delhi High Court Allows the Petitioner to Avoid Working at COVID-19 Testing Centre Owing To Special Circumstances

Must Read

Supreme Court Allows Appeal Challenging Allahabad High Court Order Granting Interim Bail on Medical Grounds

An appeal was filed before the Supreme Court, challenging the Judgment & Order of the Allahabad High Court in...

Bombay High Court Allows Petition Seeking Lawyers and Legal Clerks To Travel in Local Trains

The present hearing arose out of a batch of Public Interest Litigations that was filed in the Bombay High...

Provisions for Retirement of Teachers Must Be Read With the Larger Interest of Students in Mind: Supreme Court

Supreme Court in Navin Chandra Dhoundiyal v State of Uttarakhand reinstated the appellants to their position as Professor on...

Parties Cannot Deny Specific Performance Merely Due To Delay: Supreme Court

The Supreme Court, in Ferrodous Estate v P Gopirathnam, revisited the law on the specific performance of a contract....

Chandigarh Housing Board Is Bound To Implement the Chandigarh Administration’s Policy Decision: Punjab & Haryana High Court

On 15th October 2020, Justices Jaswant Singh and Sant Parkash heard the case of Bhartendu Sood vs Chandigarh Housing Board...

Bombay High Court Refuses Interim Relief to Doctors Alleging Arbitrary Placement at Government Hospitals for One-Year Mandatory Public Service

The Bombay High Court was hearing a plea against the arbitrary placement of doctors for a mandatory period of...

Follow us

The petitioner seeks exemption from performing her duties at COVID-19 testing centers as her husband is unwell. Her husband is suffering from Chronic Obstructive Pulmonary Disease (COPD) and also has a child in special care. Moreover, the writ petition was filed without being aware of the fact that exemption can be sought.

Brief facts of the case

The petitioner is a music teacher working in Atal Adarsh Vidyalaya School, New Delhi. She joined the school in the year 2000. She filed a petition challenging the order passed by the respondent. It asked her to report for training on 26 June 2020. The training was to enable her to perform duties in the new COVID-19 testing facility centers set up in New Delhi Municipal Corporation (NDMC) area.

Arguments before the Court

The learned counsel for the petitioner submits that the petitioner’s husband is suffering from COPD. He has asthma too and was hospitalized recently. The petitioner also has two minor children, one of whom is a special child. The petitioner prayed for exemption from performing COVID-19 duty owing to the above reasons.

On the contrary, the counsel appearing for the respondent submitted that the training can be swiftly conducted. The COVID-19 centers are taking several precautions.

Court’s ruling

Considering the facts and circumstances of the matter, i.e., the personal circumstances of the Petitioner who has to attend to a special child, the illness of her husband who has a respiratory disease and other comorbidities, the Petitioner is exempted from reporting to the Covid-19 center and from performing other such duties during the pandemic.

The Delhi High Court grants an exemption to the petitioner based on the exceptional facts of the case. Teachers are government employees and there is a requisition for their services. But, owing to any personal difficulties, they can move an application before the SDM. The petitioner filed the petition without knowing there is an exemption for her from duty based on special circumstances.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Supreme Court Allows Appeal Challenging Allahabad High Court Order Granting Interim Bail on Medical Grounds

An appeal was filed before the Supreme Court, challenging the Judgment & Order of the Allahabad High Court in the matter of State of U.P...

Bombay High Court Allows Petition Seeking Lawyers and Legal Clerks To Travel in Local Trains

The present hearing arose out of a batch of Public Interest Litigations that was filed in the Bombay High Court to permit the members...

Provisions for Retirement of Teachers Must Be Read With the Larger Interest of Students in Mind: Supreme Court

Supreme Court in Navin Chandra Dhoundiyal v State of Uttarakhand reinstated the appellants to their position as Professor on basis of re-employment till the...

Parties Cannot Deny Specific Performance Merely Due To Delay: Supreme Court

The Supreme Court, in Ferrodous Estate v P Gopirathnam, revisited the law on the specific performance of a contract. It reiterated that mere delay...

Chandigarh Housing Board Is Bound To Implement the Chandigarh Administration’s Policy Decision: Punjab & Haryana High Court

On 15th October 2020, Justices Jaswant Singh and Sant Parkash heard the case of Bhartendu Sood vs Chandigarh Housing Board & Anr., via video-conferencing. Deeming the...

Bombay High Court Refuses Interim Relief to Doctors Alleging Arbitrary Placement at Government Hospitals for One-Year Mandatory Public Service

The Bombay High Court was hearing a plea against the arbitrary placement of doctors for a mandatory period of one year. The petitioners prayed...

Uttarakhand High Court Dismisses Writ Petition Seeking Relief for the Cancellation of Selection Process

On 13th October 2020, a Single Judge Bench of Hon'ble Justice Lok Pal Singh, heard the case of Ashish Bisht & Anr. v. State...

Madras High Court Dismisses Writ Petition Against National Stock Exchange For Lack Of Merit

In the case of A. Kumar v. Financial Intelligence Unit & Ors., A. Kumar filed a writ petition under Article 226 of the Constitution...

The Federal Appeals Court Holds Trump’s Diversion of Military Funds To Build the Wall To Be Unlawful

The Federal Appeals Court held that US President Donald Trump’s diversion of military funds to build the wall is unlawful. A grey area in the...

Supreme Court Dismisses Appeal Filed Challenging the Judgment of Madras High Court in Ganesan v. State Represented by Its Inspector of Police

An appeal was filed before the Supreme court, challenging the judgment & order of Madras High Court. The Supreme Court upheld the HC judgment...

More Articles Like This

- Advertisement -