Delivering her decision, Justice Shahnaz Sulaiman said the measures drawn up by the government were necessary given that the spread of the Covid-19 virus worldwide had triggered a global pandemic.
As a result, she said the authorities were obliged to take measures to protect public health.
“The court finds no irrationality or illegality to quash the impugned decision,” the judge ruled.
Shahnaz also disagreed with the applicants’ contention that travel restrictions imposed by the government at the height of the pandemic contravened Article 9 of the Federal Constitution relating to freedom of movement.
The judge was hearing applications filed by two groups in a bid to quash a vaccination programme which the government sought to implement via circulars sent to public servants.
The first group involved 19 Universiti Malaya academic and administrative staff, who named the university’s registrar, the public services department and its director-general Khairul Adib Abd Rahman, the health ministry and Putrajaya as respondents.
The second application was brought by five teachers from different parts of the country. They named the education minister, health minister, education and health ministries, Khairul and the federal government as respondents.
In applications filed in October 2021, the applicants contended that the government’s decision to administer vaccines without their consent was unlawful, irrational and unconstitutional.
They said that as public servants, they must be given the freedom to choose whether to participate in the programme or not.
They also said the government’s move to compel them to take vaccines went against their basic rights as enshrined in the Federal Constitution.
On May 26 last year, the applicants secured leave from the High Court to pursue the judicial review applications on their merits.
Lawyer Mustaqim Ahmad Huzaini appeared for the applicants.
Senior federal counsel Liew Horng Bin and Shamsul Bolhassan appeared for the government and health ministry.
Lawyers Melanie Lim and Raja Eileen Soraya Raja Aman appeared for the UM registrar.