Kerala HC nullifies order permitting second vaccine to be administered before 84-day gap

Setting aside the single bench verdict, the division bench said, “the writ court has not considered the question as to whether a person is entitled to make a choice between early protection and better protection from Covid–19 infection in the matter of accepting the free vaccine provided by the government.”

The issue came before the high court in August this year after Kochi-based KITEX Garments sought a relaxation in the 84-day interval for administering the second dose of Covishield to its employees. The company had purchased the required number of doses for its employees, but could not go for the second dose as the state government did not allow the jab before the expiry of the stipulated interval.

The division bench was acting upon an appeal moved by Union Ministry of Health and Family Welfare challenging the single bench verdict of September this year, which allowed administration of the second dose of Covishield vaccine before the prescribed gap of 84 days.

The division bench observed that if the CoWIN portal is to be redefined as directed by the single judge bench, it can have a national implication, which would derail or upset the activities controlled and regulated by the Central and state governments and would be quite detrimental to the interest of the nation.”Having realised the situation accordingly, we are of the view that the Government of India has acted in terms of scientific and expert advice, based on the studies conducted by them, and therefore, it is not for the constitutional courts, to analyse the intrinsic aspects of the same, in order to arrive at a different conclusion, which is also impermissible in law.

“Once it is established that the government has acted on the basis of expert advice, it cannot possibly be substituted by a judgment of constitutional courts, especially when no materials are produced before the court to show that the expert and scientific advises given to the Government are hasty, bad or ill advised.”

The single bench of Justice P B Suresh Kumar had asked whether the interval between the two doses was meant for ensuring efficacy of the vaccine or due to any shortage in the supply.

Earlier allowing the petition of KITEX, Justice P B Suresh Kumar said: “However, I have not considered the question whether a person is entitled to make a choice between early protection and better protection from Covid-19 infection in the matter of accepting the free vaccine provided by the Government.’’

The judge said the material on record shows that the Centre has relaxed the time interval between the two doses for students who have to undertake foreign travel for the purpose of education, for persons who have to take up jobs in foreign countries, and for athletes, sportspersons, and accompanying staff of the Indian contingent for the Tokyo Olympics.