[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.”
Vaccination is not mandatory we know but the state always force by any means.
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