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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Pravasi Legal Cell – Appellant
Versus
Union of India – Respondent
| 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 provid
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.
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.
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's decision was based on directing the concerned authorities to consider the grievances and decide the pending representation in accordance with the law, rules, regulations, and government p....
Court held that requests related to offline examinations became irrelevant after their cancellation, but petitioners may seek future remedies for competitive exam vaccinations.
Public authorities have an obligation to address representations from citizens and ensure public health transparency, particularly during a crisis.
Court directed authorities to expeditiously decide a representation for water supply and borewell usage for parks, emphasizing adherence to applicable laws and policies.
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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