Kerala High Court Asks State Government To Consider Including Subordinate Court And High Court Staff and Registry In Vaccine Priority

The Kerala High Court has asked the Kerala Government to consider prioritising vaccinations for court staff and the registry at the High Court and at the subordinate level.

A Bench of Justices K Vinod Chandran and MR Anitha took up a petition praying that advocates and advocate clerks be included in the vaccine priority list.

During the hearing today, Justice Vinod Chandran observed that the state government could take the matter up with the advocates and advocate clerks' associations, get a list of persons actively participating amid the lockdown and consider them as priority for vaccination.

Justice Chandran proceeded to remind the state that it had registered and successfully inoculated their employees.

"You have vaccinated all your staff…that is good…but should that not be extended to staff of lower courts, registry…?", Justice Chandran asked.

The Court went on to state that even advocates were filing cases physically and staff were going to Court regularly amid the pandemic.

To the state government, the Court said, "They are also your employees, though by Constitution of India we (High Court) exercise jurisdiction...Lawyers and judges are insulated to some extent, sitting through VC…but the staff are coming everyday."

"We would like you to do it (vaccination) for the Registry and Subordinate Courts," Justice Chandran added.

State Attorney KV Sohan submitted that inclusion in vaccine priority was presently being done based on degree of contact categories of persons had with Covid positive persons.

Justice Chandran directed the State to respond on this aspect and stated that it would pass an order on the issue during the day.

In the petition, filed by Advocate Benny Antony Parel through Advocates Saiby Jose Kidangoor, K Anand, Sibha S, Parvathy Vijayan, Mohammed Salih P M and T M Muhamed Hafees, the petitioner avers that lawyers are duty bound to meet people, hear their grievances in person, peruse the documents related to the case before placing the same before the respective courts. "Therefore, like the health workers and police, the lawyers also deserved to be treated as Front line workers by the government in the case of Covid Vaccination and treatment for Covid related diseases", the petitioner argues.

The plea therefore seeks these directions -

• That judicial officers and lawyers be included in the front line category (priority group) for Covid vaccination and other Covid-related treatment on priority basis.
• That the definition of frontline workers is expanded so that vaccinations are afforded to judicial officers and lawyers on priority basis.

In the interim, it is prayed that the Court direct the Centre and State pass appropriate orders on the petitioner's email representation pending the writ petition's disposal.

Click here to download the order