Delhi High Court - Orders
Debarati Nandee vs Ms. Tripti Gurha & Anr on 2 May, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 563/2023
DEBARATI NANDEE ..... Petitioner
Through: Ms. Mrinalini Sen & Mr. Kaif Khan,
Ms. Sanya Panjwani, Advocates. (M:
9873367274)
versus
MS. TRIPTI GURHA & ANR. ..... Respondents
Through: Ms. Arunima Dwivedi CGSC, Ms.
Pinky Pawar, Ms. Swati, Mr. Aakash
Pathak, Advocates with Ms Tripti
Gruha, CEO CARA 2. Adv G Ravi
Kumar (Asstt Dir), CARA 3. Adv
Sumit Bhargava, O/o CARA. (M:
9971724716)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 02.05.2023
1. This hearing has been done through hybrid mode.
2. This is a petition alleging contempt of the order dated 28th March, 2023 wherein despite the specific orders of this Court to restore the Petitioner's name in the waiting list for adoption, the restoration has not taken place by CARA. The order is as follows:
"7. It is submitted by her that the Petitioner has two children and she is in the waiting list for adoption of third children. However, due to this impugned decision, she has been disqualified from adoption and even her seniority has been lost as she has been Signature Not Verified Digitally Signed By:DHIRENDER KUMAR CONT.CAS(C) 563/2023 Page 1 of 4 Signing Date:04.05.2023 12:31:02 disqualified.
8. Ms Arunima Dwivedi Id. CGSC, on the other hand, submits that 2022 Adoption Regulations is not being applied retrospectively. All adoptions which are permitted post the 2022 Regulations coming into effect would be governed by the said Regulations. She wishes to file a counter affidavit in this regard. Let the same be filed within six weeks. Rejoinder, if any, be filed within four weeks.
9. In the meantime, since the Petitioner is still in the waiting list and no child has still been referred to her for adoption, her name shall not be removed from the seniority list. If there is any referral for adoption, the Petitioner may approach this court by way of an application. 10. If the Petitioner becomes eligible for any referral either under the 2017 or 2022 Regulations, an intimation shall be given to the Petitioner so that she can approach this Court at that stage."
3. After the order dated 28th March, 2023 an application was also moved by the Petitioner and the matter was again taken up on 12th April, 2023 in which also it was clear that the name of the Petitioner would have to be restored. The order dated 12th April 2023 is as follows:
"4. An official from CARA is present today in Court and submits that the process of restoring the name of the Petitioner into the seniority list has been initiated and seeks four weeks for the same.
5. On the other hand, Id. Counsel for the Petitioner submits that one child was available for adoption on the portal and the Petitioner could not obtain a referral in view of the fact that the name of the Petitioner has been deleted and not being restored.
6. Heard. The interim order passed by this Court is a detailed order considering both the earlier and the present Regulations, wherein the change has been Signature Not Verified Digitally Signed By:DHIRENDER KUMAR CONT.CAS(C) 563/2023 Page 2 of 4 Signing Date:04.05.2023 12:31:02 effected, and parents who have two children have now been disqualified from further adopting a normal child. The Court had come to a conclusion that the matter requires consideration and had directed as under:
"9. In the meantime, since the Petitioner is still in the waiting list and no child has still been referred to her for adoption, her name shall not be removed from the seniority list. If there is any referral for adoption, the Petitioner may approach this court by way of an application".
10. If the Petitioner becomes eligible for any referral either under the 2017 or 2022 Regulations; an intimation shall be given to the Petitioner so that she can approach this Court at that stage."
7. In the overall facts, it is clear that the CARA has to give effect to the order dated 28th May, 2023. Accordingly, it is directed that the Petitioner's name shall be restored in the seniority list within one week, failing which, the official concerned, shall be liable personally for violation of the orders of this Court."
4. Heard. The issue being considered in the main writ petition W.P.(C) 3901/2023 titled Debarati Nandee v. Union of India is whether the Regulation 5(8) of the Adoption Regulations, 2022 can be retrospectively applied in respect of parents whose names are already in the waiting list for adoption of children. By the new Regulation 5(8) of the Adoption Regulations, 2022 parents who have two children have been disqualified from adoption of a third healthy child. As per the earlier requirement under Regulation 5(8) of the Adoption Regulations, 2017 the said embargo applied only qua parents with three children.
5. Ms. Dwivedi ld. Counsel appearing for CARA submits that there is a Signature Not Verified Digitally Signed By:DHIRENDER KUMAR CONT.CAS(C) 563/2023 Page 3 of 4 Signing Date:04.05.2023 12:31:02 Steering Committee which has to meet in May and, thereafter, a decision would be taken for restoring the name of the Petitioner.
6. Once the orders have been passed by this Court, CARA has a duty to implement the same and the orders of this Court cannot be subjected to the decision making by a Steering Committee, for implementation. The removal of the parents from the waiting list, who have been waiting for years for adoption would have an adverse impact on their rights. Accordingly, it is directed that the Petitioner's name shall be restored in the waiting list maintained by CARA within 48 hours, failing which notice would be liable to be issued in contempt to the Respondent No.1- Ms. Tripti Gurha-CEO and Respondent No. 2-Mr. G. Ravi Kumar-the Assistant Director of CARA. If the name of the Petitioner is not restored within 48 hours, both the Respondents are issued notice as to why contempt action ought not to be initiated against them. Replies be filed within one week.
7. List on 11th May, 2023.
PRATHIBA M. SINGH, J.
MAY 2, 2023 dj/dn Signature Not Verified Digitally Signed By:DHIRENDER KUMAR CONT.CAS(C) 563/2023 Page 4 of 4 Signing Date:04.05.2023 12:31:02