Dismissed

Jayanti Kumari v. The Union of India

Patna HC13 Sept 2024CWJC/13734/2024

Case brief

AI extract

What is this about?

A writ petition by a cancer patient sought directions to vaccinate all girls aged 9-14 against cervical cancer and include such vaccination in the National Immunization Schedule. The court held vaccination choices and NIS inclusion are expert/individual decisions unsuitable for judicial direction and found the PIL unmaintainable; the petition was permitted to be withdrawn.

What did the court decide?

Permission granted to withdraw the writ petition; petition dismissed as withdrawn.

Jayanti Kumari Vs The Union of India — Public Procurement and Tenders | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13734 of 2024

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Jayanti Kumari wife of Shri Arun Kumar, resident of house named as Sai Kripa, Mohalla and P.S. Shri Krishnapuri, Patna- 800001.

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... ... Petitioner/s

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Versus

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The Union of India through the Cabinet Secretary, Central Secretariate, North Block, New Delhi.

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The Secretary, Department of Health and Family Welfare, Government of India, Nirman Bhawan, New Delhi.

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The State of Bihar, through the Chief Secretary, Old Secretariate, Patna800015.

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M/s Serum Institute of India, through its Chief Executive Officer Mr. Adar Poonawala situated at 212/2, Hadapsar, Off Soli Poonawala Road, Pune411028.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar, Advocate For UOI : Mr. Bindhyachal Rai, Sr. Panel Counsel ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 13-09-2024

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The petitioner a cancer patient under Chemotherapy seeks for issuance of a direction to the respondents to vaccinate all girls between the age of 9 to 14 years to protect them from cervical cancer. There is also a direction sought to include the same in National Immunization Schedule (NIS). The acceptance of vaccination is the informed decision of an individual and her family. Inclusion in the NIS is also a decision to be taken by the medical experts considering various aspects.

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Patna High Court CWJC No.13734 of 2024 dt.13-09-2024 2/2

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There can be no judicial decision precipitating such matters. We do not think that the public interest litigation would be maintainable on this ground. When we expressed our opinion, the learned Counsel for the petitioner sought permission to withdraw the writ petition.

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In such circumstance, the writ petition is dismissed as

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withdrawn.

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(K. Vinod Chandran, CJ)

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(Nani Tagia, J)

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ranjan/-

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Jayanti Kumari v. The Union of India

Case brief

What is this about?

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Jayanti Kumari v. The Union of India

Case brief

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