
High Court judge Shahnaz Sulaiman allowed their applications for leave for judicial review although the attorney-general, who acted as guardian of the public interest, opposed the move.
This means the applications are not frivolous or vexatious and the court will proceed to hear the merit of the applicants’ grievances should there be no appeal.
Senior federal counsel Shamsul Bolhassan when contacted by FMT confirmed Shahnaz’s ruling.
“We are considering filing an appeal and have 30 days to do so,” he said.
The two groups filed applications for leave in the High Court in Shah Alam last October for an order to quash the government’s directive to implement the programme based on circulars sent to them.
The 19 UM applicants named the UM registrar, the public service department (JPA) and its director-general Khairul Adib Abd Rahman, the health ministry and Putrajaya as respondents.
The five teachers from different parts of the country had also filed a similar application. They named the education minister, health minister, education and health ministries, Khairul and the federal government as respondents.
In the applications and affidavits sighted by FMT, both groups said that as public servants they must be given the freedom to choose whether to participate in the programme or not.
They said the government’s move to compel them to take vaccines went against their basic rights as enshrined in the Federal Constitution.
They want an order to be issued to UM’s administrator or the education ministry to put their circulars on hold pending the outcome of the judicial review applications.
They also want the government to provide them with the outcome of clinical trials on all vaccines used and on all side effects reported since the start of the immunisation programme last year.
All 24 applicants have taken the position that the government’s decision to administer vaccines without their consent is unlawful, irrational and unconstitutional.