Allahabad High Court
Dr. Tapas Kumar Singh And Another vs Union Of India Thru. Secy. Health And ... on 20 March, 2023
Bench: Rajan Roy, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- WRIT - C No. - 1429 of 2023 Petitioner :- Dr. Tapas Kumar Singh And Another Respondent :- Union Of India Thru. Secy. Health And Family Welfare , New Delhi And Others Counsel for Petitioner :- Sudeep Kumar,Avdhesh Kumar Pandey Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J.
Hon'ble Manish Kumar,J.
Heard.
The petitioners herein intend to undertake the process of surrogacy under the Surrogacy (Regulation) Act, 2021 (in short 'the Act, 2021'). However, they are handicapped as claimed on account of non-appointment of appropriate authority as defined under Section 2(1)(c) of the said Act, 2021 read with Section 35 thereof by the State Government as also non-constitution of District Medical Board in view of the provisions of Section 4 of the said Act, 2021.
In these circumstances, when the petitioners approached opposite party no.2 - National Assisted Reproductive Technology and Surrogacy Board, the said Board advised the petitioners to approach the State Government obviously because neither the appropriate authority was appointed nor the District Medical Board was constituted. The pre-requisites for maintaining an application before the opposite party no.2 would, first of all, have to be satisfied for which it was necessary that the aforesaid authorities/ Board be constituted/ appointed.
In response to our earlier orders, Sri Nishant Shukla, learned Standing Counsel informs the Court on the basis of instructions that appropriate authority for the State of U.P. for the purposes of the aforesaid Act, 2021 has been appointed on 06.03.2023 and on 11.03.2023, directions have been issued to all the C.M.Os. in the State of U.P. for constitution of District Medical Board. He further says that the Board would be constituted as far as petitioners' case is concerned which pertains to District-Lucknow at the earliest say within ten days.
In view of the stand of the State Government as informed by Sri Nishant Shukla, learned Standing Counsel, we direct the C.M.O., Lucknow to constitute the District Medical Board under the said Act positively within ten days. The petitioners shall be at liberty to approach the appropriate authority and / or the District Medical Board in accordance with the Act, 2021 and Rules, if any, made thereunder which shall be processed and a decision be taken accordingly. Thereafter, the petitioners may approach opposite party no.2. The shell life of the embryo of the petitioner which has been preserved would be over in April, 2023 itself, therefore, the District Medical Board, Lucknow which is to be constituted as aforesaid shall take a decision on the application of the petitioner positively within ten days of its submission. Thereafter, the appropriate authority will take such decision as is required of it under the Act, 2021. On completion of the aforesaid formalities, petitioners may proceed in accordance with Section-4 of the Act, 2021 and take such steps as are necessary. If the petitioners wants to challenge the communication of opposite party no.2 dated 07.02.2023, it is open for the them to do so.
With these observations/ directions, the writ petition is disposed of.
(Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 20.3.2023 Shanu/-