Jyoti Aggarwal & Ors. v. Union of India & Ors.

Delhi High Court · 16 Jul 2021 · 2021:DHC:2097-DB
D. N. Patel; Jyoti Singh
W.P.(C) 4821/2021
2021:DHC:2097-DB
constitutional petition_dismissed

AI Summary

The Delhi High Court dismissed a PIL seeking free COVID-19 vaccination for students appearing in offline board exams as the exams were cancelled, but allowed petitioners liberty to seek relief for future competitive exams.

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W.P.(C) 4821/2021
HIGH COURT OF DELHI
Date of Decision: 16th July, 2021
W.P.(C) 4821/2021
JYOTI AGGARWAL & ORS. ..... Petitioners
Through Mr. Pradeep Shekhawat, Ms. Jyoti Aggarwal & Ms. Sanjivani Aggarwal, Advocate (Petitioner in persons)
VERSUS
UNION OF INDIA & ORS. ..... Respondents
Through Mr. Chetan Sharma, Additional Solicitor General, with Ms. Monika Arora with Mr. Shriram Tiwary, Mr. Vinay Yadav, Mr. Akshay Gadeock, Mr. Amit Gupta & Mr. Sahaj Garg, Advocates for UOI
Mr. Santosh Kumar Tripathi, Standing Counsel for GNCTD for R-3
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
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 2021:DHC:2097-DB 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.

CHIEF JUSTICE JYOTI SINGH, J JULY 16, 2021