[VACCINE MANDATE CASE] Central Government supported the case of Petitioner. High Court slapped state for not maintaining record.
COURT HEARING UPDATES
Assistant Solicitor General for Union of India has made following submissions:
“Central Government stand either before Supreme Court or Bombay High Court is very clear that vaccination is completely voluntary and not mandatory. No one can be given vaccine against their wishes.
Central Government has not formulated any SOP for discrimination between vaccinated and unvaccinated.
No service or benefits can be attached to the vaccination status of a person.
Central Government has not suggested any procedure to mandate anyone to carry vaccination certificate for any purpose.
Counsel for state Shri. Anil Anturkar has stated as under:
Court has asked us to produce the documents/minutes of meetings.
State Government has not recorded any speaking to minutes of the committee when the SOP/Orders are passed. We have no date to produce. In fact due to some unavoidable circumstances and Covid emergencies the minutes were not recorded.
But due to not recording of the reason the impugned order cannot be held to be illegal.
So far as the orders passed by Aurangabad District Collector in putting restrictions on ration, petrol, salary etc. same are illegal. We are giving them instructions to not to put such restrictions. We have not suggested any such discriminations.
Court: [Chief Justice Dipankar Dutta]
“Mr. Anturkar as per rules framed by the states and more particularly as per rules 13(4) as framed by the State of Maharashtra it is mandatory to maintain the minutes of every meeting and forward to State Authority”
(State Counsel was speechless)
“The Chief Secretary might have acted arbitrarily and the orders may be his own decision without any suggestions from any authority.
Mr. Anturkar show as any case law which suggests that, the order passed by State Authority with gross violation of procedure cannot be quashed by the High Court on the defence that the public authority was acting for larger good.”