The Indian Air Force has sacked one of its
personnel from service for refusing to get vaccinated against COVID-19, which
has been made a service condition, the central government has told the Gujarat
High Court.

Additional Solicitor General Devang Vyas, in his submission on Wednesday in
the HC on a plea moved by IAF corporal Yogendra Kumar at Jamnagar in Gujarat,
told a division bench of Justices A J Desai and A P Thaker that across India,
nine personnel had refused to get vaccinated and they were given show-cause
notices.

Also Read | Australian capital Canberra enters snap lockdown after reporting 1 Covid case

One of them, who did not respond to the notice, was terminated from service,
Vyas told the high court.

He, however, did not give the name or any other details of the staffer
against whom the action was taken.

“Across India, only nine personnel have refused to take the vaccine. All of
them were given show cause notice…one did not respond, so in view of the lack
of response, his service is already terminated,” Vyas told the court.

He said as far as the vaccine in general is concerned, it is optional, but
so far as the Air Force is concerned, it is now made a service condition, which
is in continuation of the oath taken at the time of enrollment in the service.

Also, it is imperative to see to it that the Force is not put in a
vulnerable state, and it is required for personnel to mandatorily get
vaccinated, he told the court.

Vyas also said since corporal Yogendra Kumar has responded to the show
cause notice, he can either appear before a proper authority or the Armed
Forces Tribunal, under provisions of the Armed Forces Tribunal Act.

Also Read | Brazil Senate passes bill to break vaccine patents, here’ why it matters

On the plea of Kumar, challenging the notice after his unwillingness to get
vaccinated against COVID-19, the HC on Wednesday directed the IAF to consider
his case afresh.

The court disposed of his plea after ordering that the interim relief
granted to the petitioner unwilling to get vaccinated shall continue until his
case is decided by the IAF, and the same shall not be implemented for a period
of two weeks from the date of service of the order to the petitioner.

Kumar had approached the court, seeking quashing of the show cause notice,
dated May 10, 2021, issued to him by the IAF after he declined to get
vaccinated against COVID-19.

Also Read | FDA set to recommend 3rd COVID vaccine dose for immunocompromised

The IAF had asked him to show cause why he should not be dismissed for not
taking COVID-19 vaccine.

He had also sought the court’s direction to direct the IAF to not take
coercive action against him in furtherance of the show cause notice.

Kumar also requested the court to direct the IAF to follow the central
government’s order that the vaccine is purely voluntary and not mandatory.