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IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Pravasi Legal Cell - Appellant
Versus
Union of India - Respondent
W.P.(C) 5641 of 2021
Decided On : 31-05-2021




The court directed the government to make timely decisions on representations concerning vaccination protocols for NRIs and students, emphasizing adherence to laws and regulations.

Headnote:(A) Constitution of India - Article 226 - Public Interest Litigation - Vaccination prioritization for NRIs - Directions issued for deciding the representation regarding vaccination certificates, including passport details and Covaxin listing by WHO. (Paras 1-4)

Facts of the case:
The petitioner seeks directions for prioritizing vaccination for NRIs and students opting for foreign education, along with requests for updating vaccination certificates.

Findings of Court:
Respondents are directed to decide the representation dated 20th May, 2021, in accordance with law.

Issues: The main issue involves the authority to decide the representation regarding vaccination protocols for overseas individuals.

Ratio Decidendi: The court emphasized the need for government authorities to address pending representations pertaining to public health and safety within a reasonable timeframe.

Result: Writ petition disposed of.

Table of Content
1. public interest litigation on vaccination. (Para 1)
2. directions to respond to representation. (Para 2 , 3)
3. writ petition disposed of. (Para 4)

JUDGMENT

D.N. Patel, Chief Justice (Oral)

Proceedings have been conducted through video conferencing.

CM APPL. 17577/2021 (Exemption from filing affirmed affidavits & undertaking regarding court fee)

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.

Application is disposed of.

W.P.(C) 5641/2021

1. This public interest litigation has been preferred with the following prayers:

    "(a) a direction to the Respondents to prioritize vaccination for people, including NRIs holding valid visa of foreign countries who normally reside and work and the respective foreign country and also for those students who opt for foreign education with a valid offer letter from the Universities abroad.

    (b) a direction to the Respondents to provide option to include passport numbers in vaccination certificate and an option to update vaccination certificate already issued with passport numbers for those people who intend to travel abroad.

    (c) a direction to the Respondents to take appropriate steps to include Covaxin in World Health Organisation's (WHO) Emergency Use Listing (EUL).

    d) a direction to the Respondents to provide the complete name of the COVISHIELD vaccine in the Vaccination Certificate i.e. "Oxford-AstraZeneca COVID-19 vaccine"

    (e) Alternatively, direct the Respondents to take necessary decision on representation dt. 20.05.2021 of the petitioner;

    (f) Pass such other further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. At the outset learned counsel appearing for the Petitioner submits that suffice would it be for the disposal of the writ petition that suitable direction is given to the concerned Respondent Authority to decide the representation dated 20th May, 2021 preferred by the Petitioner and annexed as Annexure P-5 to the memo of the present petition.

3. In view of the aforesaid limited submission, we hereby direct the concerned Respondents herein to decide the representation preferred by the Petitioner dated 20th May, 2021 and pending before them, in accordance with law, rules, regulations and Government policies, applicable to the facts of the case, as early as possible.

4. With these observations, the writ petition is hereby disposed of.

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