57-year-old RS Bhargava, who was a teacher at a school in Delhi for the past 25 years, has been trying to get back to work for a year now.
The Delhi Public School (RK Puram branch) asked Bhargava to go on indefinite leave after he refused to get the Covid-19 vaccination.
Delhi's education department had mandated that all schoolteachers must be vaccinated against Covid-19 failing which they would not be allowed to attend school and would be considered to be "on leave".
Bhargava says he has reasons to not take the vaccine.
"I am a cancer survivor and I also have type 2 diabetes," Bhargava told BOOM adding that his doctor advised him to "avoid" or "defer" taking the COVID-19 vaccine since he has a history of allergic reactions to multiple drugs.
According to an opinion submitted by Dr. Ravi Rajput, Cardiologist and Diabetologist at Holy Family Hospital, even if Bhargava takes the vaccine, the potential risks outweigh the benefits. As such, Dr. Rajput and Dr. Vimarsh Raina, a Consultant Pathologist at Chimera Transplant Research Foundation have both advised Bhargava to avoid or defer taking the COVID-19 vaccine till studies on such High Risk patients are carried out.
The American Cancer Society (ACS) has said that all people with cancer should be fully vaccinated against COVID-19. However, they do advise patients to check with their doctors. Back home in India, the Tata Memorial Center notes that "the data on efficacy and safety of COVID-19 vaccination in patients with cancer is limited." However, the website FAQ section says that "patients with cancer are more prone to develop a severe form of illness due to COVID-19 infection, the benefits of getting vaccinated are more than the risks."
In October 2021, Bhargava submitted the medical opinion and history to the Delhi education department seeking an exemption.
Three days after he was granted the exemption, it was revoked. In November 2021, The Delhi Public School (DPS) in RK Puram sent Bhargava on indefinite leave over his refusal to get vaccinated against COVID-19 and withheld his salary.
Bhargava moved Delhi High Court earlier this year in February seeking relief.
Ahead of his hearing next week, Bhargava spoke to BOOM and said the school was essentially asking him to choose between his right to livelihood and his right to life.
Allergic to multiple drugs, advised against COVID-19: Plea in HC
For the past year, the RK Puram branch of Delhi Public School is short of its one chemistry teacher. "Arrangement teachers" have picked up the slack, and some days there are no teachers for his department at all, Bhargava said.
According to his plea before the Delhi High Court, Bhargava has been diagnosed with a unique auto-immune disease known as Angio Immunoblastic Tcell Lymphoma (involving B-cell) ("AITCL") and reputed medical institutions observed that if he took the Covid-19 vaccine, his condition may escalate especially in light of the several allergic reactions Bhargava has had in the past towards multiple drugs and medications.
"When I was undergoing chemotherapy, I fainted several times because of the allergic reaction," Bhargava said. "But I had to persevere because chemo was essential," he added.
In comparison, the COVID-19 vaccination is voluntary and not mandatory, Bhargava said citing the Supreme Court's May 2022 verdict on this issue.
In a key judgment on the COVID-19 vaccine mandates, the Supreme Court in May said no one could be forced to get vaccinated but reasonable restrictions applied. The top court also noted that no data was produced on record to substantiate claims that the risk of the spread of COVID-19 from unvaccinated persons was higher than those who are vaccinated.
On July 19, the High Court directed Delhi's education department to revisit and review its October 2021 withdrawal of exemption. On August 6, the education department stated that medical reports and certificates submitted by Bhargava are inconclusive.
While acknowledging Bhargava's unique case, the education department refused the request and noted that his refusal to take the COVID-19 vaccine "might cause adverse effect not only upon him but also on the life of children and teachers and other staff of the school".
The department then issued a more stringent mandate directing Bhargava to get a fresh conclusive opinion on his condition from AIIMS.
The Delhi High Court will now hear the matter on September 13.