84-days gap between two Covid-19 vaccine doses must: Kerala HC

The Kerala High Court nullified an earlier single-bench verdict which allowed early vaccination in case of paid jabs of the Covid-19 vaccine, quoting that the 84-day gap between two vaccines is a must. The decision was taken after the Union government moved a plea quoting that the court cannot meddle with government's well-informed policies.

Thiruvananthapuram: The Kerala High Court on Friday set aside a single-judge verdict which had granted the liberty to get the second dose of Covid-19 vaccine without following the 84-day interval in case of paid vaccinations. Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly gave the verdict to nullify these orders, clarifying that the completion of the prescribed 84-days gap is must to get second dose of the Covid-19 vaccine.

The division bench was acting upon the single-judge verdict passed by Justice PB Suresh Kumar on September 3, in which he said that early administration of the second dose in case of paid dosage should be allowed, citing that in case of voluntary vaccination, the interval between two doses administered by the government is only advisory in nature. The judge had also directed the Centre to make necessary provisions in the CoWIN portal so that people willing to get second dose within four weeks of the first dosage can be facilitated.

He had highlighted that the Central government had allowed early doses for the government officials as well as individuals travelling abroad for educational or work commitments, including the participants of the Tokyo Olympics.

The appeal moved by the Union Government against this verdict quoted that the courts do not hold the authority to meddle with the well-informed policy decisions by the government. "The judgment would militate against the settled position that in matters related to government supported by scientific study, the Court shall not meddle with or substitute its view with the view of the administration," the plea said. The Division Bench agreed with the Central Government's demand that the single bench order be quashed.

The matter had first come to the Kerala High Court in August this year, when Kochi based KITEX Garments sought the permissions for early administration of the second dose of vaccines without waiting for the 84 days gap for its employees.