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Madhya Pradesh High Court

Smt. Sudha Bajpai vs The State Of Madhya Pradesh Thr on 14 August, 2018

                                                         1                               WP-18189-2018
                              The High Court Of Madhya Pradesh
                                         WP-18189-2018
                                    (SMT. SUDHA BAJPAI Vs THE STATE OF MADHYA PRADESH THR)

             1
             Gwalior, Dated : 14-08-2018
                  Shri Balwant Singh Kushwaha and Shri M.S. Rana, learned
            counsel for the petitioner.
                  Shri B.M. Patel, learned Government Advocate for the
            respondents/State.

In the present case in hand, the petitioner has raised the issue in respect of benefit of Child Care Leave to be granted to surrogate mother whereas the same is opposed by the respondents/State on the pretext that surrogacy is a contract and surrogate mother has no right in respect of Child Care Leave after giving birth to the child.

Issue notice to the respondents on payment of process fee within three working days through registered A.D., returnable within three weeks.

List the matter on 06.09.2018.

Since the petition raises legal question in respect of rights of surrogate mother, therefore, respondents are directed to file reply at the earliest meeting specific submission raised by the petitioner in the petition.

Copy of this order be sent to the Principal Secretary, Department of Education as well as Commission Public Instructions to appoint OIC at the earliest and file reply accordingly.

(ANAND PATHAK) JUDGE Rashid Digitally signed by RASHID KHAN Date: 2018.08.16 10:53:40 +05'30'