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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Mrigank Mishra – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. public interest in vaccination procedures (Para 5 , 6 , 7) |
| 2. critique of shallow pil motivations (Para 9 , 11 , 12) |
| 3. withdrawal of the petition (Para 14 , 15) |
ORDER
[VIA VIDEO CONFERENCING]
CM No.13818/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P.(C) 4522/2021
3. This petition has been transferred to this Bench, post Court commencement hours, owing to Division Bench-II before which it was listed, having not assembled.
4. We have heard the counsel for the petitioner. The Additional Solicitor General appears for the respondents, on advance notice.
5. The petition, filed in public interest, seeks direction to the respondents for, (i) widening of the involvement of private entities in the vaccination drive underway in the wake of COVID-19 pandemic; (ii) launch of door-to-door programme for vaccination; and, (iii) relaxation of age for receiving vaccination, from that presently prescribed of 45 years.
6. Being prima facie of the view that the Court does not have the wherewithal to take decision on such matters which require empirical data qua several factors and to gauge, whet
Public interest litigations must be grounded in empirical research; failure to do so can mislead the court and undermine public causes.
The Court cannot issue directives for policy formulation in public health matters as this is the executive's responsibility under the Constitution's separation of powers.
(1) Corona Pandemic – Issue of vaccination is absolutely crucial, since health experts globally agree that vaccination of nation’s entire eligible population is singular most important task in effect....
The court directed the government to make timely decisions on representations concerning vaccination protocols for NRIs and students, emphasizing adherence to laws and regulations.
Public Interest Litigation cannot be used to collect information from the government without exhausting alternative legal remedies; misuse leads to dismissal and costs penalization.
Court held that requests related to offline examinations became irrelevant after their cancellation, but petitioners may seek future remedies for competitive exam vaccinations.
Point of law: Public Interest Litigation - Seeking information and data with respect to foreign vaccine manufacturers who have applied for approval in India.
A public interest litigation is rendered infructuous when the reliefs sought have been effectively addressed by relevant authorities.
The court may dispose of a petition as infructuous if the reliefs sought have already been addressed.
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