COVID Vaccination- Kerala High Court Declines To Grant Interim Stay On Single Judge Decision Allowing Early Administration Of Second Jab

The Kerala High Court on Monday declined to stay the single judge decision allowing early administration of the second dose of COVISHIELD vaccine to the workers of two petitioner companies before completion of the prescribed 84 day-gap.

A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly was hearing an appeal preferred by the Central government alleging that by allowing early administration of the vaccine, the Single Judge had interfered with the Vaccine policy of the Government. 

By an order issued earlier this month, a Single Judge had directed the Centre to tweak its vaccination portal in a manner that the petitioners therein were allowed to register for the second jab without having to wait for the 84 days dose interval. 

The primary contention of the Centre before the Court today was that the employees of the respondent company were likely to have completed the mandatory 84 days by now. 

On the strength of this argument, ASG P. Vijayakumar suggested that there was no need to sustain the judgment of the Single Judge anymore, and thereby pressed for an interim stay on the same. 

However, Advocate Blaze K Jose appearing for the respondents vehemently denied the aforementioned claim both legally as well as factually. 

Primary, it was brought to the attention of the Court that the Centre had failed to comply with the judgment of the Single Judge till date and that it could not take the benefit of expiry of time for such non-compliance, particularly when they were at fault for the same. 

It was further asserted by the respondents herein that its employees had not yet received the second jab of COVISHIELD as contended by the appellant.  

The Court has posted the matter to Thursday for further hearing after directing the respondents herein to furnish the details of vaccination of its employees.

Case Title: Secretary to Government of India Department of Health and Family Welfare v. Kitex Garments Ltd & Ors