Chh HC | Mathematical precision cannot be adhered to the percentage of jab to be provided to different categories in terms of State’s policy dated 9th May, 2021

Chhattisgarh High Court: A Division Bench of Prashant Kumar Mishra ACJ. and Parth Prateem Sahu, J. laid down noteworthy observations regarding various issues brought to the notice of the Court related to Covid.

The instant PIL was registered suo moto by the Court to take stock of the various issues that arose due to the coronavirus crisis.

It was submitted that the figures of vaccination provided therein are in violation of category-wise allocation of vaccination under the State Government’s order dated 9-5-2021. It was also submitted that the problem arising out of issuance of a defective certificate in respect of vaccination inasmuch as a person getting Covishield jab is issued a certificate of Covaxin jab.

Counsel for the State submitted that the State is making all possible efforts to adhere to its policy by maintaining the ratio of the percentage of vaccination amongst different categories as per its order dated 9-5-2021, while at the same time minimising the wastage.

The Court observed that violation of percentage of allocation for a particular category is happening because the vaccines are to be utilised at the center as is allocated for the given day so that there is minimum wastage and due to digital divide.

The Court observed that the whole vaccination programme is such a complex phenomenon that adherence to the percentage in precise terms is very difficult to achieve. It is the intent of the respondent to provide jab to the citizens which is more important than some glitches which are occurring at some places either while issuing a different certificate or the difficulties in scheduling for the second dose.

The Court observed, “the State shall ensure that the dead bodies are buried/cremated in a decent and respectful manner as the right to be respectfully and decently buried/cremated has always been treated to be inclusive in the right to life under Article 21 of the Constitution of India.”

The Court directed the State Government to take all necessary precautions that a person getting first jab of a particular brand/company, is issued the certificate of the same jab and not the other one.[Suo Moto WP (PIL) v. State of Chhattisgarh, 2021 SCC OnLine Chh 1426, decided on 04-06-2021]


Arunima Bose, Editorial Assistant has reported this brief.


Advocate for Petitioner: Mr. Rakesh Pandey

Amicus Curiae: Mr. Prafull N Bharat

Advocate for UOI. Mr. Ramakant Mishra

Advocate for Railways: Mr. Abhishek Sinha

Advocate for SLSA: Mr. Ashish Shrivastava

Advocates for the respective Interveners: Mr. Palash Tiwari, Mr. Anumeh Shrivastava, Mr. Devershi Thakur, Mr. Arjit Tiwari, Mr. Aman Pandey

Intervenor in Person-  Mr.  Himanshu Choubey

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