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2021 Supreme(Ker) 481

S.MANIKUMAR, SHAJI P.CHALY
Sibha S. – Appellant
Versus
Union of India, Rep. by Secretary, Ministry of Health and Family Welfare – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Smt. Parvathy Vijayan, Smt. Pramitha Augustine, Sri. Venketesh Bose.
For the Respondent: Sri. P. Vijayakumar, Sri. K.V. Sohan.

JUDGMENT :

1. Instant Public Interest Litigation is filed by the petitioner for the following reliefs:

    “(i) To Issue a writ of mandamus or any other writ or order, directing the 1st and 2nd respondents to classify, based on the annual income of the beneficiary citizens, as the eligibility criteria for free vaccine.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st and 2nd respondents to fix and publish the rate of vaccine in Kerala for the COVID-19 for Non eligible category, based on their annual Income.”

2. Short facts leading to filing of the writ petition are that, petitioner is a lawyer by profession. She has filed this public interest writ petition seeking interference of this Court, on a decision taken by the respondents, which according to her, is in total violation of the concept of a welfare State and principles of good governance. Petitioner has also stated that while providing free vaccination to the entire citizens, irrespective of their economic status, it would cause huge debt to the State Exchequer, which has to be compensated by the poor and weaker sections of the society.

3. Petitioner has further stated that the State of

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