If Everyone Will Be Number One, Who Will Be Number Two?: Delhi High Court Depractes Practice Of Seeking Priority Vaccination

Hearing a plea seeking directions to the Government to ensure that COVID vaccine manufacturers supply vaccine to the NCT on a priority basis and seeking priority vaccination drive for a certain category of auto drivers, the Delhi High Court today deprecated the practice of seeking Priority Vaccination.

The Bench of Chief Justice D. N. Patel remarked,

"Everyone is seeking priority, in this way, everyone will be number 1, then, who will be number 2?"

The Court also observed that it was becoming a fashion in Delhi, every now and then that the petitioners move to Delhi High Court, seeking Priority Vaccination.

#DelhiHighCourt

Counsel seeks Priority #Vaccination for a certain category of persons.

CJ: Everyone is seeking priority, in this way, everyone will be number 1, then, who will be number 2?

Have you applied under RTI to get details as to whether Delhi has Vaccines or not? pic.twitter.com/dQf0e5neLO

— Live Law (@LiveLawIndia) May 18, 2021

Stressing that the priority can not be given just because petitioners ask for it, the Court also referred to another writ petitioner, wherein the petitioner had sought information by way of filing a WP.

Noting that there are statistics available and the Court won't be providing the information, the Court said,

"Writ petitions shouldn't be filed to get information, for that, we have an RTI mechanism, which needs to be approached by the Petitioners.

The Court also observed that the drafting of policy can't be done by the Court and that, if a policy violates Constitution or Law, then only Writ may be tenable, otherwise not.

Further, when the Petitioner sought direction to the suppliers/manufacturers of COVID vaccine to supply vaccine to Delhi on a priority basis, the Court said that there exists a department of government that can look into it and that the Court should not decide every issue.

The Court also observed,

"The High Court cannot draft a better policy than the one already in existence if it doesn't violate Constitution and Law. Only in exceptional cases, the task of legislative type of drafting should be taken up by the Courts."

Further, regarding the prayer of the petitioner seeking bottling of vaccines by the manufacturers, the Court said that VC is not an RO water and for bottling of Vaccines, certain parameters need to be taken care of and such decisions must be taken by the Government.

Thus, the Cout refused to entertain the writ petition in toto and asked the authorities to decide the issues in accordance with laws, rules, and regulations.

Writ petition disposed of.