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.

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 Respondents directing the Respondents to formulate a policy to ensure that all persons who have been given 1st shot of Covid vaccine should be give 2nd dose with priority and more specifically on different days, timing and is with the people taking first dose then in a separate line such that they are not put to inconvenience. In this manner chaos and spread of Covid will be prevented and vaccination will be done smoothly.

b). Direct the respondents to issue directives such that vaccination drive for auto drivers, bus drivers, taxi drivers, ambulance drivers and people involved in public transport is given priority.

c). Direct the Respondent no.1 to provide status of vaccine doses ordered for drive starting 1st May 2021 and their delivery details.

d). Direct the Respondent no.2 to issue directives to the manufacturers and suppliers of covid vaccine to supply vaccine to Delhi on priority in terms of delivery given the covid situation and crisis.

e). Direct the Respondent no.2 to frame a policy on vaccine distribution across the country because Delhi does not need another problem like the oxygen issue between centre and Delhi.

f). Direct the respondents to discuss with the manufacturers the issue of bottling of vaccines at local level such that the entire vaccination programs is localized, attains pace and desire results.

g). Direct the respondents to direct the vaccine manufacturers to disclose the formula and open the source code such that other capable manufacturers are able to manufacture vaccine in order to cater to the need of the country.

h). Direct the respondents to waive clinical trials of foreign vaccines in terms of rule 101 of the New Drugs and Clinical Trials Rules, 2018 such that all available foreign vaccines are available for usage.

i). Dispense with the registration for vaccination on website and application for all poor vaccination and EWS class citizens such that they are also vaccinated besides literate population.

j). Issue a writ of mandamus to the Respondents to add more vaccination centres and upgrade the infrastructure for streamlined vaccination.

k). Pass any other order which this Hon'ble Court may deem fit in the interest of justice."

2. We have heard the learned counsels for the parties and have looked into the facts and circumstances of the case.

3. Perusal of the prayer clause in the present petition indicates that the Petitioner is seeking multifarious reliefs which include inter alia a direction to the Respondents to formulate a policy with regard to vaccination, directives for giving priority to certain categories of people involved in public transport for vaccination, bottling of vaccines at local levels, disclosure of formulas, etc. by the manufacturers of vaccines. No doubt, the need of the hour is that peo