Biju George vs 1. The Union Of India
2023 Latest Caselaw 5859 Ker

WP(C) No.14918/2023                         1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
             Wednesday, the 24th day of May 2023 / 3rd Jyaishta, 1945
                            WP(C) NO. 14918 OF 2023(L)
   PETITIONERS:

      1. BIJU GEORGE, AGED 56 YEARS, S/O GEORGE P. KURIAN, PUTHUSSERY HOUSE,
         PUKKATTUPADY ROAD, UNICHIRA, THRIKKAKARA, ERNAKULAM - 682021.
      2. RAKKEE THIMOTHY, AGED 44 YEARS, W/O BIJU GEORGE, PUTHUSSERY HOUSE,
         PUKKATTUPADY ROAD, UNICHIRA, THRIKKAKARA, ERNAKULAM- 682021.

   RESPONDENTS:

      1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH
         & FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI- 110001.
      2. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH
         & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM- 695001.
      3. THE APPROPRIATE AUTHORITY FORMED U/S 12 OF THE ART (R) ACT, 2021
         REPRESENTED BY VICE CHAIRPERSON - DR. PREETHI, ADDITIONAL DIRECTOR
         OF HEALTH SERVICES (FW ), PALAYAM - AIRPORT ROAD, NEAR GENERAL
         HOSPITAL ROAD JUNCTION, THIRUVANANTHAPURAM, KERALA - 695035.
      4. THE DISTRICT REPRODUCTIVE & CHILD HEALTH (RCH) OFFICER, DISTRICT
         MEDICAL OFFICE, ERNAKULAM, PARK AVENUE, MARINE DRIVE, ERNAKULAM,
         KERALA- 682011.
      5. THE AMRITA INSTITUTE OF MEDICAL SCIENCES PONEKKARA P.O., KOCHI - 682
         041, REPRESENTED BY ITS DIRECTOR.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the 5th respondent to continue the ART Treatment to the
   petitioners irrespective of the ban in Section 21(g) of the Exhibit P-9
   (ART) Act, during the pendency of the above Writ Petition (Civil).


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. ALEX.M.SCARIA and SARITHA THOMAS, Advocates for the petitioners,
   DEPUTY SOLICITOR GENERAL OF INDIA for R1 and of GOVERNMENT PLEADER for R2,
   R3 and R4, the court passed the following:
 WP(C) No.14918/2023                         2/2

                                       ORDER

Admit.

The Deputy Solicitor General of India takes notice for the 1st respondent. The Government Pleader takes notice for respondents 2, 3 and

4. Issue urgent notice to the 5th respondent.

In the light of Exhibit P17 order and P18 judgment, I think an interim order can be passed in this case.

Therefore, the petitioners are permitted to continue ART treatment at the 5th respondent hospital.

24.05.2023 Sd/- P.V.KUNHIKRISHNAN, JUDGE

Exhibit P9:- TRUE COPY OF THE DISCHARGE SUMMARY DATED 14/07/2022 ISSUED BY THE 5TH RESPONDENT IN CONNECTION WITH THE TREATMENT FOR ART ASSISTANCE AVAILED OF BY THE 2ND PETITIONER IN CONTINUATION OF THE TREATMENT AS PER EXHIBITS P5 TO P8.

Exhibit P17:- TRUE COPY OF THE SAID INTERIM ORDER DATED, 18/11/2022 IN W.P.(C)NO. 36347/2022

Exhibit P18:- TRUE COPY OF THE SAID JUDGMENT DATED 19/12/2022 IN W.P.(C) NO. 36347/2022 OF THIS HON'BLE COURT

24-05-2023 /True Copy/ Assistant Registrar