Writ petition allowed appointing petitioner as guardian for a bedridden respondent with brain tumor. Medical board confirmed his dependent status, permitting appointment to manage interests and represent him.
Appointment of the petitioner as Guardian of the respondent and allowing the writ petition in terms of prayer (a).
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GARVIT GOYAL AND OTHERS ..... Petitioners
Through: Mr. Sonam Sharma and Ms. Damini Srestha, Advocates.
versus
GOVERNMENT OF NCT AND OTHERS ..... Respondents Through: Mr. Udit Malik, ASC (C) for GNCTD with Mr. Vishal Chanda, Advocate. Mr. Jayant Pawar, Advocate for R-9.
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 10.01.2024
prayer:-
“a. Allow the present Writ Petition under Article 226 of the Constitution of India, 1950, and issue Mandamus or any other appropriate writ/order/ direction for the appointment the Petitioner No.1 herein namely, Mr. Garvit Goyal, as the Guardian of Mr. Pramod Goyal in order to protect and manage his interests, administer bank accounts, investments, file income tax return, financial facilities etc., for and/or on behalf of Mr. Pramod Gupta, and also represent him before the appropriate authorities, courts, tribunals etc. ”
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 13/05/2024 at 13:03:11
examined by a team of two doctors of Lok Nayak Hospital and the Medical Superintendant of the Lok Nayak Hospital was directed to constitute a Board of two doctors to examine Pramod Goyal. Since the Lok Nayak Hospital expressed its disability to constitute a Board, the matter was referred to G B Pant Hospital and the Board was constituted by G B Pant Hospital and the Board has given its opinion. The opinion of the Board reads as under:-
“Medical Board was held on 25.10.2023 at 11 am in GIPMER. The medical board was of the opinion that the patient is a known case of multiple brain tumor ?Meningioma (operated) Left Basal Ganglia bleed with Right Hemiparesis , Tracheostomy and PEG in situ. He is dependent on others, bedridden and requires constant nursing care. ”
SUBRAMONIUM PRASAD, J
JANUARY 10, 2024 hsk
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 13/05/2024 at 13:03:11
2 issues framed by the court
Whether the Court can appoint the petitioner as a guardian for the respondent to manage his interests given his medical condition.
Whether the petitioner should be appointed as guardian of a bedridden individual requiring constant care.
1 provisions across 1 enactments
Garvit Goyal and others
Government of NCT and others
Subramaniam Prasad
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
