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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Nazia Praveen – Appellant
Versus
Government of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. court proceedings were conducted via video conferencing. (Para 1 , 2) |
| 2. court cannot issue directives on vaccination policy. (Para 3 , 5) |
| 3. decision-making on policy is the responsibility of government. (Para 4 , 6) |
| 4. petitioner encouraged to file a comprehensive representation. (Para 7) |
| 5. writ petition disposed with observations. (Para 8) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings have been conducted through video conferencing.
C.M.No. 16478/2021(exemption)
Allowed, subject to all just exceptions.
The application is disposed of.
C.M.No.16479/2021 (exemptions from filing court fee and affirmed affidavits)
For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week and the requisite Court fee within a period of 72 hours from the date of resumption of regular functioning of the Court.
The application is disposed of.
W.P.(C) No.5141/2021 and CM No.16477/2021 (directions)
1. This Public Interest Litigation has been preferred with the following prayers:
"a) Issue a writ of mandamus to
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.
Public Interest Litigation cannot be used to collect information from the government without exhausting alternative legal remedies; misuse leads to dismissal and costs penalization.
Point of law: Public Interest Litigation - Seeking information and data with respect to foreign vaccine manufacturers who have applied for approval in India.
The court directed the government to make timely decisions on representations concerning vaccination protocols for NRIs and students, emphasizing adherence to laws and regulations.
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.
Public interest litigations must be grounded in empirical research; failure to do so can mislead the court and undermine public causes.
Process of rationalisation of the infirmities in the economy can be put in serious jeopardy and, therefore, it is necessary that while dealing with economic legislations, this Court, while not jettis....
The court ruled that patients with COVID-19 symptoms must be admitted without RT-PCR test results, emphasizing the importance of following health directives and improving testing infrastructure.
Court held that requests related to offline examinations became irrelevant after their cancellation, but petitioners may seek future remedies for competitive exam vaccinations.
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