Dr. Kanhayalal Sharma vs Ministry Of Health And Family ... ...
2025 Latest Caselaw 11389 Ori

Orissa High Court

Dr. Kanhayalal Sharma vs Ministry Of Health And Family ... ... on 16 December, 2025

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.24712 of 2025

            Dr. Kanhayalal Sharma                        ...              Petitioner
                                                  Mr. Partha Mukherji, Advocate
                                          -Versus-
            Ministry of Health          and Family ...              Opposite Party
            Welfare, Bhubaneswar
                                                    Mr. Debashis Tripathy, AGA

                              CORAM:
                  THE HON'BLE THE CHIEF JUSTICE
                                AND
            THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
                                          ORDER

Order No.                                16.12.2025
  03.       1.     On earlier occasion, taking note of Common Cause v. Union

of India, (2023) 14 SCC 131, it was recorded that the Committee in their meeting, opined that the Advance Medical Directives would primarily be implemented in the Medical Colleges, Super Specialty Hospitals, and the District Headquarters Hospitals having ICU facilities for the treatment of terminally ill patients. The said draft resolution is stated to have been placed before the Committee Members for re-examination. In the said order, it was directed for placing progress made in this regard.

2. Today, when the matter is called, Mr. Debashis Tripathy, learned Additional Government Advocate furnished a written instruction vide letter dated 16th December, 2025 being received from the Additional Secretary to the Government in Health and Family Welfare Department, which indicates that the State

Government has unequivocally decided to implement the aforesaid judgment. It is further reflected therein that the Committee is placed with a draft resolution for finalization. It is impressed upon that the finalization of draft resolution being under active consideration, inputs / views from various Departments including the Law Department, General Administration and Public Grievance Departments have been called for. It is stated that after finalization, the draft resolution would be placed before the Government for approval.

3. List this matter on 13th January, 2026 to place on record the further progress made in this regard.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge MRS/Laxmikant

Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Dec-2025 19:38:59