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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, J.
Jayaseelan Gopalakrishnan, S/o. T. Gopalakrishnan & Ors. - Petitioners
Versus
Principal Secretary to Government Higher Education (A2) Department Secretariat, Chennai & Ors. - Respondents
WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
Decided On : 15-07-2024
Compensation - Writ Petition - Article 21, Article 19 - The court discussed the fundamental rights to life and privacy, emphasizing the need for proportionality in public health measures during the pandemic, ultimately rejecting the challenge to the government order and the compensation claim.
Fact of the Case:
The petitioners challenged a government order mandating vaccination status for attending classes, claiming it violated their right to privacy and bodily autonomy, leading to the expulsion of the son from college.
Finding of the Court:
The court found that the government order was a necessary public health measure during the pandemic, balancing individual rights with community health needs, and upheld the legality of the order.
Issues: Whether the government order requiring vaccination status for attending classes infringed upon the petitioners' fundamental rights to privacy and bodily autonomy.
Ratio Decidendi: The court held that while individual rights are protected, public health measures can impose reasonable limitations, provided they meet the tests of legality, need, and proportionality.
Result: The challenge to the government order was rejected, and the plea for compensation was also denied.
ORDER :
Anita Sumanth, J.
[PRAYER: Writ Petition filed under Article 226 of the Constitution of India raying to issue a Writ of Certiorarified Mandamus calling for the records connected with the impugned order passed by the respondent No.1 G.O.(Ms.)No.164, dated 27.08.2021, quash the same with direction on record upon respondents to pay in compensation an amount of INR 100,00,00,000/-(Rupees One hundred Crore) as Exemplary compensation (for loss of 2 years in his life thus Reasonable) Right to life, profession & movement is a fundamental right guaranteed under Article 21 & 19 of the Constitution and for its breach or violation through malice or conscious abuse, a victim is entitled to monetary compensation from the Respondents who are responsible for it. Reference to Supreme Court judgment of Smt. Nilabati Behera alias Lalit… V. State of Orissa and ors. on 24 March 1993 (equivalent citations: 1993 AIR 1960, 1993 (2) SCR 581), quote ‘Award of compensation in a proceeding under Article 32 by this Court or by the High Court under Article 226 is a remedy available in public law, based on strict liability for contravention of fundamental rights to which the principle of sovereign immunity does not apply, even though it may be available as a defence in private law in an action based on tort.”]
WMP No.27366 of 2023 filed seeking permission to file a single Writ Petition is ordered on payment of separate Court fee.
2. There are two petitioners, father/P1 and son/P2, and this Writ Petition is argued by the father in person on both their behalf. P2 had been admitted to a self-financing college/R2 for the B.E. Computer Science course in July, 2019. In March, 2020, the world had shut down on account of the Covid 19 pandemic and classes had been conducted on line.
3. A Government Order dated 27.08.2021 had been passed in G.O.Ms.No.164 Higher Education (A2) Department that dealt with the reopening of classes for higher education and had set out Standard Operating Procedures (SOP) in the form of guidelines. The Government Order reads thus :
Higher Education-Re- opening of all Higher Educational Institutions- Standard Operating Procedures / Guidelines - Orders - Issued.
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Higher Education (A2) Department
G.O.(Ms) No.164 Dated: 27.08.2021
OTHER LANGUAGE
Read:
1. G.O. (Ms) No.364, Revenue & Disaster Management (DM-IV) Department, dated 03.05.2021.
2. G.O. (Ms) No.522, Revenue & Disaster Management (DM-IV) Department, dated 21.8.2021
*****
ORDER:
In the Government Order first read above, it has been notified that based on the recommendations of the Expert Team of Doctors and Public Health Specialists, directions of Govt. of India, Ministry of Home Affairs, lockdown was imposed by the State Government from 6.5.2021. The Institutions were closed before the start of second wave of COVID-19 pandemic to prevent the spread of infectious disease amongst the students.
2. Based on the review meeting conducted by the Hon'ble Chief Minister to evaluate the COVID-19 prevention activities, in the Government Order second read above, among other things, it has been ordered that all Colleges and Universities will be permitted to conduct classes on rotation basis with effect from 1.9.2021 by following the Standard Operating Procedure for conducting classes.
3. Accordingly, the Government directs that classes for all Colleges / Universities including Arts, Science, (both Shift I and Shift II) Technical, Engineering, Agriculture, Fisheries, Veterinary Colleges shall function from 1.9.2021 following the Standard Operating Procedures appended to this order and as per the schedule below:
Three years UG / PG courses / Diploma courses such as B.A., B.Sc., B.Com, B.L., B.C.A., B.B.A., M.C.A., etc. Second year Monday, Wednesday & Friday
Third year Tuesday, Thursday & Saturday
Two years PG Courses such as M.A., M.Sc., M.Com., M.B.A., M.E., M.Sc., M.L.
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