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IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Jyoti Aggarwal - Appellant
Versus
Union of India - Respondent
W.P.(C) 4821 of 2021
Decided On : 16-07-2021
| Table of Content |
|---|
| 1. public interest litigation for covid-19 vaccination request. (Para 1) |
| 2. petitioners highlight the need for vaccination despite cancellation of exams. (Para 2) |
| 3. petition is rendered infructuous; liberty for future remedies granted. (Para 3 , 4) |
| 4. writ petition disposed. (Para 5) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)--Proceedings have been conducted through video conferencing.
1. This public interest litigation has been preferred with the following prayers:
"i. Issue any appropriate writ, order or direction thereby directing the respondents Ministry of Health (Union of India), Ministry of Education (Union of India) and the Government of NCT of Delhi to provide and administer COVID-19 Vaccination free of cost to the students of class `X' and class `XII' in Delhi, who will be appearing for their board exams in an off-line mode.
ii. Pass any such other or further order or direction as this Hon'ble Court may in the facts and circumstances of the present case deem fit and appropriate, in favor of the petitioner and against the respondent and
iii. Exempt the petitioner from filing the certified/true copies of Annexure P-l to P-4 may kindly be allowed.
iv Allow the present PIL with costs, in favor of the petitioners and against the respondents."
2. We have heard the learned counsels for the parties and perused the counter affidavit filed by the Respondents. At the outset, learned counsel appearing for the Petitioners submits that the Board Examinations for class X and class XII in the offline mode has been cancelled and the petition has thus become infructuous. He, however, submits that the students of class XII have to nonetheless appear for competitive examinations and thus there is a need to vaccinate them.
3. In the present petition the limited relief sought by the Petitioners was for vaccination of the students of class X and XII, in view of the offline Board Examinations. Since the Board Examinations are no longer being held by offline mode, no orders are required to be passed in the present petition.
4. However, liberty is reserved with the Petitioners to resort to appropriate remedies available in law in case the need arises with respect to the students who may have to appear in the competitive examinations in an offline mode.
5. With these observations this writ petition is hereby disposed of.
Court held that requests related to offline examinations became irrelevant after their cancellation, but petitioners may seek future remedies for competitive exam vaccinations.
The court directed the government to make timely decisions on representations concerning vaccination protocols for NRIs and students, emphasizing adherence to laws and regulations.
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.
A public interest litigation is rendered infructuous when the reliefs sought have been effectively addressed by relevant authorities.
The court emphasized the importance of locus standi and the need for material particulars in a petition, and the principle of not entertaining separate petitions on the same issue when a similar peti....
The court may dispose of a petition as infructuous if the reliefs sought have already been addressed.
The court upheld the impugned circulars based on public interest and safety of students, while noting the provision for medical exemption for staff unable to get vaccinated
Points of Law : All safety measures have to be strictly followed at the examination centres for sake of the health of the candidates in taking the examination.
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