Kerala High Court Allows Centre's Appeal Against Single Judge Decision To Reduce Covishield Dose Interval

In a significant judgment, the Kerala High Court on Friday has allowed the appeal preferred by the Central Government against the Single Judge decision allowing the second dose of COVISHIELD to be administered prior to the prescribed interval of 84 days.

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.

"once the provisions of the Disaster Management Act, 2005 is invoked by the Government, the individual freedom and interest may have given way to the interest of the citizens of the country at large, failing which, the Government would not be in a position to manage, co-ordinate, and implement the measures and activities taken for protecting the rights and liberties of the citizens at large, rather than self-centric and individual protection of the rights."

By the aforesaid judgment, the single bench had directed the appellants to make necessary provisions forthwith in the CoWIN portal so as to enable scheduling of a second dose of COVISHIELD vaccine after four weeks of the first dose being administered for those who were willing to accept the same.

In the previous hearing of the matter, the Centre argued before the Court that it had the right to ensure that its citizens are better protected from the Covid-19 virus while adding that the Court was not empowered to interfere with the government policy of prescribed dose interval for COVISHIELD.

Additionally, it was contended by the Central government that only the respondent company herein desired to get its workers vaccinated with the second jab before the completion of 84 days and that the rights of the individual workers were violated by such a move.

However, Advocate Blaze K Jose appearing for the respondents vehemently denied the aforementioned claims.

The Court had earlier refused to stay the single judge's decision.

Expert Advice Based On Scientific Study Cannot Be Substituted By A Judgment Of Constitutional Courts: Kerala HC While Upholding 84 Days Dose Interval For Covishield

Case Title: Secretary to Government of India v. Kitex Garments Ltd & Ors