Include Practicing Advocates & Clerks In Vaccine Priority List Along With Judicial Officers & Court Staff : Kerala HC Directs State Govt

In a significant relief to the members of legal fraternity, the Kerala High Court has directed the State Government to include practicing advocates and their clerks in the priority list for COVID-19 vaccination in the age group of 18-45 years within 10 days.

The Court passed the direction taking note of the fact that the Government has issued an order on June 2 to include judges and court staff in the vaccine priority list, but has excluded lawyers and clerks.

The Court observed that excluding lawyers and clerks will defeat the purpose of giving priority for judges and court staff.

The order passed by a division bench comprising Justices A Muhamed Mustaque and Justice Dr Kauser Edappagath stated :

"In the light of fact that the Government has already included the judicial officers and staff of the judiciary in the priority category, we are of the considered view that the practicing lawyers and clerks also can be included as otherwise the very purpose of inclusion of the judicial officers and staffs would become meaningless. The benefit need to be given onlyt o lawyers and clerks who are actually engaged in the practice. The Government can devise any modalities to find out such lawyers and clerks. Therefore, we direct the Government to include the practicing lawyers and clerks in the priority category for Covid 19 vaccination along with the judicial officers andother staffs in the light of Government Order dated2.6.2021. Needful shall be done within a period of 10days".

The direction was passed in a petition filed by Benny Antony Parel seeking vaccination priority for lawyers, judges, clerks and court staff.

Advocate Saiby Jose Kidangoor, the petitioner's lawyer, argued that excluding lawyers and clerks from the priority list will be counter-productive to the inclusion of judges and court-staff, as these categories of persons come in close interactions and their active participation is necessary of the administration of justice.

The bench agreed with this argument.

"The administration of justice even during the period of pandemic is a big challenge for the judicial institutions.Today, many of the directions issued by the Courts in this country have come to the rescue of the citizens who have been deprived of many essential supplies including vaccine. In administration of justice, lawyers and clerks have equal participation and without their active participation, the institution cannot discharge their duties. If the Government has decided to give priority to the judicial officers and staff of the High Court and Subordinate Courts, for the same reason, the practicing lawyers and the clerks should also be given priority, as they are indispensable part of dispensation of justice andwithout their participation, it is impossible for the institution to function.

As rightly, pointed out by the learned counsel Sri. Saiby Jose Kindangoor, the entire exercise of including judicial officers and staffs in the High Court and Subordinate Courts in the priority category would become meaningless if practicing lawyers and clerks are not included"

As per the order passed by the Health and Family Welfare Department of the State Government, the following categories were included :

1. Police trainee
2. Volunteers working in the field.
3. Field workers of the meteorology department.
4. Field workers of metro rail.
5. Field workers of water metro.
6. All above 18 years in Tribal colonies.
7. Haj pilgrims.
8. Bedridden patients
9. Ambulance drivers who have not taken vaccination yet.
10. Bank employees(subject to the condition that expenses should be met by the respective banks).
11. Medical representatives.
12. Air India field officers.
13. Judicial Officers and staff of High Court and subordinate courts.
    

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