Delhi High Court Dismisses PIL Filed Against Reopening Of Schools Until Vaccination Of All Children

Delhi High Court on Tuesday dismissed a PIL that was filed against the reopening of physical schools until children of all ages are vaccinated.

A Bench of Acting Chief Justice Vipin Sanghi and Justice Naveen Chawla ordered, "The present petition is filed to seek a direction be issued to respondents to not mandate physical attendance in school until all children are vaccinated and seek an option to be given to the parents whether to allow their wards to attend physical classes or not. The petitioner submits that unvaccinated children are at more risk of contacting covid from 1.4.22 as schools in Delhi are reopening for children of all ages. The petition is founded only on the petitioner's opinion, and no substantive evidence is presented to support his contention. Therefore this petition is dismissed"

Advocate Anand Kumar Pandey appeared in person.

During the course of the hearing, the petitioner submitted that the Court should exercise Parens Patriae jurisdiction for children below 12 years of age who have not been vaccinated. He further contended that children below the age of 12 years are at higher risk of contracting Covid-19.

The Bench responded, "Please show us any scientific data that depicts children are more susceptible to Covid-19".

The petitioner also submitted that parents are susceptible to sending their children to school. The bench orally remarked that many parents are fed up with online schooling and many studies show that children are suffering by not going to school. They are not able to develop social and interpersonal skills, the Bench said.

The petitioner also prayed for allowing him to make a representation to the respondents. The Bench replied, "Do whatever you want".

With this, the petition was dismissed.

Case Title: ANAND KUMAR PANDEY Vs. THE GOVT. OF NCT OF DELHI AND ANR