Delhi High Court - Orders
Siddharth Pandey & Anr vs The District Medical Board & Anr on 2 April, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4696/2024
SIDDHARTH PANDEY & ANR. ..... Petitioners
Through: Mr. Vikas Kumar Verma, Ms. Pooja
Aggarwal and Mr. Zainab Parveen,
Advocates.
versus
THE DISTRICT MEDICAL BOARD & ANR. ..... Respondents
Through: Mr. Karn Bhardwaj, ASC with Mr.
Rajat Gaba and Mr. Shubham Singh,
Advocates along with Dr. Satyajit,
SPO.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 02.04.2024 CM APPL. 19247/2024 (Exemption) Allowed, subject to all just exceptions. W.P.(C) 4696/2024
1. The Petitioners have approached this Court with the following prayers:
"I. To issue a writ, standing order, or standing directions to allow the petitioners / applicants to appear through the virtual video conferencing mode before the respondent no. 1 and respondent no. 2, constituted under the Surrogacy (Regulation) Act 2021 as lack of such transparency constitutes a violation of the right of fair hearing as guaranteed under articles 21 of the Constitution of India and against the natural justice;W.P.(C) 4696/2024 Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 22:04:39 II. To issue an standing order or standing directions thereby directing the Respondent No 1 and Respondent No. 2 to publish the Final cause list / List of matters to be taken up by the Boards at least 15 days prior to the commencement of Medical Board meetings, along with the Monthly tentative schedule of the upcoming Medical Board Meetings throughout the year, on the website of the Respondent No. 2, and lack of such transparency and not providing the timely informed public notice constitutes a blatant violation of the right of fair hearing as guaranteed under Articles 21 of the Constitution of India and against the Natural Justice;
III. To Issue the necessary directions or orders, thereby to allow the applicants to submit the applications under Form 1 and 4 of the Surrogacy (Regulations) Rules, 2022, for the issuance of the Certificate of Medical Indication before the Jurisdictional District Medical Board.
IV. Pass any such other and further orders as this Hon‟ble Court may deem fit and proper."
2. It is stated that the Petitioners herein got married in India and later on shifted to New York. It is stated that the Petitioners tried to conceive a baby through natural means but the same was unsuccessful. It is stated that the Petitioners also tried to conceive a bay through IVF but the same was also unsuccessful. It is stated that the Petitioners have now decided to have a child through surrogacy. The Petitioners have, therefore, filed the instant writ petition seeking permission to appear virtually in the proceedings under the Surrogacy (Regulation) Act, 2021.
3. It is stated by the learned Counsel appearing for the Respondents that the Petitioners have not yet made an application under the Surrogacy W.P.(C) 4696/2024 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 22:04:39 (Regulation) Act, 2021 and therefore, the instant writ petition is premature at this juncture.
4. Issue notice.
5. Mr. Karn Bhardwaj, learned ASC, accepts notice on behalf of the Respondents.
6. Reply be filed within three weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
7. List on 05.08.2024.
SUBRAMONIUM PRASAD, J APRIL 2, 2024 S. Zakir W.P.(C) 4696/2024 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 22:04:40