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Delhi High Court - Orders

Master Lalit Kumar Through Father Ram ... vs Union Of India & Ors on 4 May, 2023

Author: Manmohan

Bench: Manmohan

                              $~6
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     W.P.(C) 13238/2018
                                    MASTER LALIT KUMAR THROUGH FATHER RAM KUMAR
                                                                                          ..... Petitioner
                                                       Through:     Mr.Khagesh B.Jha with Ms.Shikha
                                                                    Sharma, Bagga, Advocates.
                                                       versus

                                    UNION OF INDIA & ORS.                                ..... Respondents
                                                       Through:     Mr.Dev P.Bhardwaj with Ms.Anubha
                                                                    Bhardwaj and Mr.Sachin Singh,
                                                                    Advocates for R-1.
                                                                    Mr.Santosh K.Tripathi with Mr.Arun
                                                                    Panwar and Ms.Mahak Rankawat,
                                                                    Advocates for R-2/GNCTD.
                                                                    Mr.Anand Varma with Ms.Apoorva
                                                                    Pandey and Mr.Ayush Gupta,
                                                                    Advocates for R-3/AIIMS.
                                    CORAM:
                                    HON'BLE MR. JUSTICE MANMOHAN
                                    HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                       ORDER

% 04.05.2023

1. Since the Medical Board after having assessed the current condition of the minor petitioner has concluded that he is not a fit candidate for Cochlear Implant as per the existing national and international guidelines, this Court is of the view that prayer (c) of the present writ petition has become infructuous. Accordingly, respondent no.3-AIIMS is discharged from the present proceedings.

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:06.05.2023 18:28:09

2. Learned counsel for the petitioner states that as the Cochlear Implant exercise was not carried out expeditiously, the petitioner has become disabled for life. Consequently, according to him, prayers (a) and (b) of the present writ petition have assumed greater importance.

3. Learned counsel for respondent no.2-GNCTD prays for some time to obtain instructions with regard to prayers (a) and (b) of the present writ petition.

4. In the interest of justice, re-notify on 04th September, 2023.

5. Learned counsel for the petitioner as well as respondent no.2-GNCTD shall file their written submission not exceeding three pages each along with the judgments that they wish to rely upon, at least a week prior to the next date of hearing.

MANMOHAN, J SAURABH BANERJEE, J MAY 4, 2023 KA Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:06.05.2023 18:28:09