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The Delhi High Court today asked the petitioner to make a representation to the concerned authority on a plea seeking directions to the Central government to ensure that Covid 19 vaccine manufacturers supply vaccine to the NCTD on priority basis.

The Division bench comprising Chief Justice DN Patel and Justice Jyoti Singh while disposing of the petition expressed displeasure in the manner petitions were being filed seeking directions on policy making. 

The bench observed,

“It has become a fashion for writ petitioners to file a petition seeking priority for vaccination. If everyone is given priority who will be in the second position to get the vaccine. Today there was another petitioner who sought information through a writ petition. There are prayers for framing of policies which is a complex phenomenon. It cannot be drafted by the court. If the policy is violative of the constitution or any law then only the writ may be tenable. Itought to be kept in mind that the High Court cannot replace a policy. The predominant role of the court is to interpret the law and decide the dispute between the parties”.

Advocate Sanjeev Sagar appearing for the petitioner also sought a vaccination drive for auto drivers, bus drivers, truck drivers, ambulance drivers and people involved in public transport on priority basis.

The Chief Justice while considering the prayer questioned the petitioner “If everybody is number 1 who will be on no.2?”

With regard to another prayer where the sought directions to allow bottling of vaccines by the manufacturers, the bench said that “It is a technical matter. It is not an RO water. For bottling of vaccines, the decision must be taken by the Government.”

The bench further observed that some of the prayers were already being considered by the Supreme Court, hence the other prayers could be treated as representation to the concerned government which should decide it in accordance with the prescribed rules and regulations.