Chaini Parwani –
Published On: November 23, 2021 at 13:40 IST
The Madras High Court considered a Public Interest Litigation (PIL) as ‘Against public interest and not in the interest of the larger chunk of population’.
The First Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu was hearing a Plea filed by Academic Resource Advancement against the Double Vaccination Mandate imposed to access schools and other Educational Institutions.
Justice Munishwar Nath Bhandari as the Acting Chief Justice of High Court stated “The Vaccine Mandate is there for the safety of all. You are going against Public Interest in this Petition. Since it is a PIL, we must consider the application of equity and look at the entire situation.”
Further Justice Bhandari highlighted that the Supreme Court has laid down in two Judgments that Public Interest Litigations are not maintainable in service matters and that this Petition has been exposed as a service matter.
Furthermore, the Court allowed the Petitioner to withdraw the Petition.
The Public Interest Litigation (PIL) was hence dismissed as withdrawn and the Petitioner was permitted liberty to approach the Court in case the teachers’ service gets affected due to Double Vaccination Mandate.
The Court sternly adjudicated “It is not a question of your individual liberty alone, it’s a question of individual liberty of the students as well.”
The Court highlighted that the Vaccines protect the population to a large extent, including students and that the Court cannot strike down a Government Mandate.
Case Name: Academic Resource Advancement Vs State of Tamil Nadu
Case Title: WP/24530/2021 (PIL)