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Updated September 23rd, 2021 at 11:26 IST

Centre files plea against Kerala HC's order shortening gap between 2 doses of Covishield

The National Technical Advisory Group on Immunisation in India (NTAGI) investigates technical issues of the national COVID-19 vaccination programm, Centre said.

Reported by: Srishti Goel
Centre
Image: PTI/Shutterstock | Image:self
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The Centre on Wednesday, 22 September, filed an appeal with the Kerala High Court against its order, shortening the gap between 2 doses of Covishield. In its plea, the Centre sought to overturn a High Court Single Bench's judgement directing it to establish provisions on the CoWin portal to allow people who want to take the second dosage of COVID vaccine Covishield after four weeks in accordance with the first protocol to be able to schedule it.

The Secretary to the Government of India's Department of Health and Family Welfare, through Assistant Solicitor General of India P Vijayakumar, has filed an appeal in the court. On 6 September, a single bench of the court permitted Kitex Garments Ltd to administer the second dosage of the Covidshield vaccination to its workers before the first dose's 84-day waiting period was up. 

Justice Suresh Kumar's single bench had previously asked the Union Ministry of Health and Family Welfare to make appropriate adjustments in the Cowin portal so that the second dosage of Covishield vaccination could be scheduled after 28 days of the first dose.

The Centre claimed that the court had interfered with the government's immunisation programme. The Single Bench's decision would go against the established position that scientific studies should be used to promote government policy, the government said in its plea, adding that the court will not interfere with or replace the administration's position with its own. "If such a precedent is allowed to stand, it will render the national policy for vaccination delivery null and void, causing considerable prejudice among the general public."

Pointing out that 84-day interval was chosen based on global best practices, expert opinion, and compliance with the Drug Controller General of India's regulatory restrictions, the Centre said the National Technical Advisory Group on Immunisation in India (NTAGI) investigates technical issues of the national COVID-19 vaccination programme, such as the vaccine dose interval.

Centre files plea against Kerala High Court's order

Following a meeting with the COVID-19 Working Group, the NTAGI suggested an 84-day dosing interval. Before being implemented, this advice was evaluated by a number of authorities, including the Union Ministry of Health and Family Welfare. Any change in policy would have to be based on the required permissions and clinical trials, as per the government.

The contested order, if not complied with, might jeopardise the country's immunisation policy, the Centre said. The Single Bench had missed the National Vaccination Policy formed by the Centre while accepting the challenged writ petition since the Centre's arguments were not fully grasped, it added. The Single Bench's ruling could have a "cascading negative impact" on vaccine administration's organised and regulated pattern, the government's plea noted.

The single bench's approach, which attempted to make a comparison between an imaginary notion of earlier protection and a realistic element of better protection, was "flawed and would have major negative effects in the public interest", claimed the Centre. The government further said that a large number of vaccine doses are delivered early under the fanciful guise of earlier protection claimed by the petitioner, it will not only be inappropriate administration, but it will also impact the prospects of the remaining people waiting their turn. The order allegedly assessed the situation as an Article 14 issue rather than from a scientific standpoint, and the appellants are concerned that this could result in a social calamity, the plea stressed.

(With inputs from ANI)

(Image: PTI/Shutterstock)

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Published September 23rd, 2021 at 11:26 IST

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