High Court directs State Govt to start Covid-19 vaccination immediately
   Date :08-May-2021

High Court _1  
 
 
High Court of Chhattisgarh has directed the Chhattisgarh Government to start Covid vaccination, which was stopped by State Government for the age group between 18 and 45 years, immediately.
A division bench of the High Court comprising of Chief Justice PR Ramachandra Menon and Justice Parth Prateem Sahu heard the Suo Moto Public Interest Litigation (PIL) on Friday. After hearing State Government government’s reply and counsels for interveners and petitioners, the division bench have granted the liberty to State Government for continuing with the Covid vaccination in the ratio of 1:3 to Antodaya Ration Card Holder (ACH), Below Poverty Line (BPL) and Above Poverty Line (APL) for the time being.
Advocate General Satish Chandra Verma submitted that in view of the High Court’s order, a committee has been constituted for reconsidering the circular dated April 30 and fixing the norms for vaccinating the persons coming within the age group of 18 to 44 years in third phase of vaccination. The Advocate General also pointed out that a detailed reply has been filed on this aspect by the State government mentioning therein the reasons for giving prioritisation to the classes of citizens.
The counsels for the petitioners informed the Court that after the High Court’s order, the State Government has totally stopped vaccination drive. The Court while passing detailed order on May 5 has not passed any order of stay restraining the respondent State authorities from continuing with its vaccination drive and only made observation that prioritisation and classification, as it now stands, would not sustain in view of constitutional mandates.
The Advocate General submitted that vaccination is stopped till the decision is taken by the Committee constituted. The division bench observed that the Court does not appreciate the action of State Government in totally stopping the vaccination to the residents of the State of above 18 years and less than 45 years. The vaccination is a life saving measure from the disastrous corona virus. Considering the life threat due to Covid-19 pandemic, need of hour is maximum vaccination in the shortest possible time, the Court set the respondent State authorities concerned at liberty to equally distribute the vaccines available with the State government as on date among the three classes of citizens i.e. ACH, BPL and APL, as classified by the State Government in the ratio of 1/3 to each class and continue with the vaccination for the time being. The High Court has directed Assistant Solicitor General for the Union of India Ramakant Mishra to file response on the issue raised by Advocate General in the reply as well as with regard to guidelines or orders issued by the Central Government for making available vaccines to each State under the quota.
Assistant Solicitor General Mishra submitted that the matter may be taken up for hearing after May 12 because the case dealing with different issues relating to Covid-19 pandemic is fixed for hearing before the Supreme Court on May 10. The division bench have directed the Assistant Solicitor General to file the response on the positively by the next date of hearing.