Madhya Pradesh High Court
Dr. Rajesh Jauhri vs Union Of India Thruogh Under Secretary on 12 August, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:22500
1 WP-25393-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 12th OF AUGUST, 2025
WRIT PETITION No. 25393 of 2025
DR. RAJESH JAUHRI
Versus
UNION OF INDIA THRUOGH UNDER SECRETARY AND OTHERS
Appearance:
Shri Ankur Khandelwal - Advocate for the petitioner.
Shri Romesh Dave - Deputy Solicitor General for the respondents.
ORDER
Per: Justice Vivek Rusia The petitioner has filed this present petition as pro bono seeking the following reliefs:
(1) Issue a writ on any other orders or directions declaring that the constitution of the Steering Group and the Guidelines Development Group, including the Meeting Notices dated 27 March 2023, jointly issued by Respondent No. 1 and Respondent No.2 are ultra vires, illegal and void.
(2) Issue a writ of or in the nature of prohibition or any other orders of directions injuncting Respondent No. 1-3 from taking any action pursuant to the Meeting Notice dated 27 March 2023; (3) Issue a writ of or in the nature of certiorari quashing the Meeting Notice dated 27 march 2023 or any other document constituting the Steering Group and the Guidelines Development Group;
(4) Issue a writ of and in the nature of prohibition or other orders or directions injuncting the Respondents from stopping or in any way interfering, directly or indirectly, with the stem cell therapy Signature Not Verified Signed by: SREEVIDYA Signing time: 20-Aug-25 10:30:41 AM NEUTRAL CITATION NO. 2025:MPHC-IND:22500
2 WP-25393-2025 of patients;
(5) Alternatively, Issue a writ of or in the nature of mandamus or other orders or directions directing the Respondent No. 1-3 to conduct in person public hearings and issue public notices for such public hearings of at least 30 days in advance, with permission to the concerned stakeholders to submit their written representations before framing or amendment any rules / regulations and/or guidelines on the subject matter covered by the Proposed Guidelines; and (6) Pass any such further order or relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
2. Petitioner has filed this petition when the respondents were considering to issue guidelines in respect of the treatment through stem cell therapy. Vide order dated 11.07.2025, Shri Romesh Dave, Deputy Solicitor General for the respondent/UoI was directed to seek instructions in this matter.
3. Shri Dave, learned Deputy Solicitor General for the respondents/UoI submitted that the Evidence-based Guidelines for the use of Stem Cell Therapy have been finalized and published by the respondent No.1. The detailed and exhaustive guidelines have been issued in respect of different faculties viz. Neurological, Orthopedic, Pediatric and Cardiac. These guidelines are uploaded and available on the official website of the Ministry of Health & Family Welfare, Government of India.
4. Learned counsel for the petitioner submitted that some time may be granted to the petitioner to go through these guidelines and make suitable amendment in the writ petition and till that time, the patients who are undergoing the treatment under this therapy be permitted to continue with the treatment.
Signature Not Verified Signed by: SREEVIDYA Signing time: 20-Aug-25 10:30:41 AMNEUTRAL CITATION NO. 2025:MPHC-IND:22500 3 WP-25393-2025
5. The entire petition is drafted prior to the stage of issuance of guidelines. The petitioner is seeking writ in the nature of prohibition to direct the respondent stopping or in any way interfering directly or indirectly with the stem cell therapy of the patient; and from taking any action pursuant to Meeting Notices dated 27.05.2023. Now, the petitioner is required to go through the guidelines framed by the respondent and file a fresh petition, if deemed necessary.
6. At this stage, no interim relief can be granted against third person and no general direction can be issued in this regard. If aggrieved, any patient can individually approach this Court seeking appropriate relief / permission in accordance with law.
With the aforesaid, the petition stands dismissed.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
vidya
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 20-Aug-25
10:30:41 AM