Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1606

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dhirubhai Naranbhai Patel, Jyoti Singh, JJ.
Karan Ahuja - Appellant
Versus
Union Of India & Ors. - Respondents
Civil Writ Petition No. 5487 of 2021, Civil Miscellaneous Application No. 17008 of 2021
Decided On : 26-11-2021

Advocates appeared:
Kuldeep Jauhari, Advocate, Rajat Bhatia, Advocate, Anubhav Tyagi, Advocate, Aditya Pathak, Advocate, Chetan Sharma, Advocate, Anil Soni, Advocate, Amit Gupta, Advocate, Akshay Gadeock, Advocate, Vinay Yadav, Advocate, Sahaj Garg, Advocate, Rishav Dubey, Advocate, R.V. Prabhat, Advocate, Anurag Ahluwalia, Advocate, Abhigyan Siddhant, Advocate, Danish Faraz Khan, Advocate, Gautam Narayan, Advocate, Ritika Vohra, Advocate, Adittya Nair, Advocate

The court's discretion to dispose of a petition based on the lack of reason to keep it pending.

Headnote:
Public Interest Litigation - COVID-19 Testing - The court disposed of the petition seeking reliefs related to COVID-19 testing, allowing the petitioner to approach the court again if needed.
Fact of the Case:

The petitioner sought reliefs related to COVID-19 testing, including allowing testing at a specific dispensary and striking down a recommended measure on RTPCR testing.
Finding of the Court:

The court, after considering the arguments and counter affidavits, found no reason to keep the petition pending and disposed of the case, reserving liberty for the petitioner to approach the court again if needed.
Issues: The issues involved the petitioner's requests for specific COVID-19 testing reliefs and the recommended measure on RTPCR testing.
Ratio Decidendi: The court's decision was influenced by the counter affidavits and the lack of reason to keep the petition pending.
Final Decision: The petition was disposed of, with the petitioner reserved the liberty to approach the court again if needed.

JUDGMENT

D.N. Patel, CJ. - Present Public Interest Litigation has been preferred seeking the following reliefs:-

"I. Direct the Respondent No. 3 to allow the Petitioner and his parents to be tested for SARS-CoV-2 (COVID-19) at Delhi Government Dispensary, B-3 Sultanpuri, Delhi-86;

II. Direct the Respondents No. 1 to 3 to strike down Point No. (i) under the Recommended measures to optimize RTPCR in the Advisory dated 04.05.2021 issued by Respondent No. 2 which reads as follows, "i. RTPCR test must not be repeated in any individual who has tested positive once either by RAT or RTPCR."

III. Direct the Respondents to not put any direct or indirect prohibition on the right of a citizen to get oneself tested for any infection including SARS-CoV-2 (COVID-19).

IV. Pass any other or further directions, orders or writ as this Hon'ble Court may, in the facts and circumstances of the case and in the interest of justice."

2. We have heard learned counsel appearing on behalf of the Petitioner and learned Additional Solicitor General appearing on behalf of the Respondents and looked into the facts and circumstances of the case. Looking to the counter affidavit filed by Respondent No.3/Directorate General of Health Services, GNCTD, especially paragraphs 2 to 7 thereof as also paragraph 5 of the counter affidavit filed by Respondent No.2/Indian Council of Medical Research, we see no reason to keep the present writ petition pending and monitor the case further.

3. Writ petition along with pending application is hereby disposed of. Nonetheless, liberty is reserved with the Petitioner to approach this Court, in case the need so arises.

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