Partly allowed

Reema v. Vs Union of India

Kerala HC19 Dec 2022WP(C)/25078/2022

Case brief

AI extract

What is this about?

Upper age limits for assisted reproductive technology services were challenged as violating reproductive liberty. The court declined to strike down the limits but permitted petitioners already undergoing treatment when the Act commenced to continue. It directed the National Board to alert the Central Government to reconsider the limits and introduce transitional protection.

What did the court decide?

Petitioners undergoing ART on 25.01.2022 may continue; National Board to alert the Central Government within three months to reconsider age limits and add transitional protection.

Reema v Vs Union of India — Constitutional and Fundamental Rights | Kerala HC (2022)

¶1

“CR”

¶2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3

PRESENT

¶4

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶5

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶6

1944

¶7

WP(C) NO. 24058 OF 2022

¶8

PETITIONER/S:

¶9

1 NANDINI K AGED 54 YEARS WIFE OF A M MOHAN KUMAR, 'ASHIRWAD', VELLINEZHI, PALAKKAD, PIN - 679504 2 A.M. MOHAN KUMAR AGED 57 YEARS SON OF O SANKARAN NAIR, 'ASHIRWAD', VELLINEZHI, PALAKKAD, PIN - 679504 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI A.MEGHA NAYANPALLY RAMOLA(MAH/6224/2014), AMICUS CURIE

¶10

RESPONDENT/S:

¶11

1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI , PIN - 110001 2 THE DIRECTOR MEDICAL COUNCIL OF INDIA, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI (ADDRESS OF R2 IS CORRECTED AS THE CHAIRMAN, NATIONAL MEDICAL COMMISSION,POCKET-14, SECTOR 8, DWARAKA PHASEI, NEW DELHI-110 077 AS PER THE ORDER DATED 2907-2022 IN IA NO.1/2022 IN WP(C) NO.24058/2022.), PIN - 110077 3 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001

¶12

4 THE DIRECTOR

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W.P.(C) No.24058 of 2022 & con.cases

¶14

-2-

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KERALA STATE MEDICAL COUNCIL, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM ( ADDRESS OF R4 IS CORRECTED AS THE REGISTRAR, KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANANTHAPURAM-695 035. AS PER THE ORDER DATED 29-07-2022 IN IA NO.1/2022 IN WP(C) NO.24058/2022, PIN - 695035 5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011 6 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADVS. MALINI K. MENON, CGC SHRI.N.RAGHURAJ, SC, KERALA STATE MEDICAL COUNCILS

¶16

OTHER PRESENT:

¶17

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY;

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

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W.P.(C) No.24058 of 2022 & con.cases

¶20

-3-

¶21

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶22

PRESENT

¶23

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶24

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶25

1944

¶26

WP(C) NO. 24508 OF 2022

¶27

PETITIONER/S:

¶28

1 K. SNEHALATHA AGED 57 YEARS WIFE OF GOPALAKRISHNAN, 'VADAKKUMMURY HOUSE', CHOROTTUR ROAD, MANISSERI PO, VANIYAMKULAM - II, PALAKKAD, PIN - 679521 2 V. GOPALAKRISHNAN AGED 64 YEARS SON OF O SANKARAN NAIR, 'VADAKKUMMURY HOUSE', CHOROTTUR ROAD, MANISSERI PO, VANIYAMKULAM - II, PALAKKAD, PIN - 679521 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶29

RESPONDENT/S:

¶30

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001 2 THE CHAIRMAN NATIONAL MEDICAL COMMISSION, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI, PIN - 110077 3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE,

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W.P.(C) No.24058 of 2022 & con.cases

¶32

-4-

¶33

SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4 THE REGISTRAR KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035 5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH (RCH) OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011 6 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADVS. JAGADEESH LAKSHMAN CGC SHRI.N.RAGHURAJ, SC, KERALA STATE MEDICAL COUNCILS

¶34

OTHER PRESENT:

¶35

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY;

¶36

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C). 25078/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶37

W.P.(C) No.24058 of 2022 & con.cases

¶38

-5-

¶39

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶40

PRESENT

¶41

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶42

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶43

1944

¶44

WP(C) NO. 25078 OF 2022

¶45

PETITIONER/S:

¶46

1 REEMA V AGED 39 YEARS WIFE OF SURENDRAN NAIR, 'KANNAMPLETH', THAZHAVA S W, THAZHAVA PO, KARUNAGAPPALLY, KOLLAM., PIN - 690523 2 SURENDRAN NAIR V.K AGED 61 YEARS SON OF KARTHYAYANI AMMA, 'VILAVITH HOUSE', NEAR VILAVITH BHAGAVATHI TEMPLE,, VATTAKKATTUPADY, ERNAKULAM, PIN - 683542 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶47

RESPONDENT/S:

¶48

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W.P.(C) No.24058 of 2022 & con.cases

¶50

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¶51

SECRETARIAT,

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THIRUVANANTHAPURAM, PIN - 695001

¶53

4 THE REGISTRAR KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE,COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035

¶54

5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER, DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011

¶55

6 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686673 BY ADV N.RAGHURAJ, SC CGC V.GIRISHKUMAR

¶56

OTHER PRESENT:

¶57

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY;

¶58

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶59

W.P.(C) No.24058 of 2022 & con.cases

¶60

-7-

¶61

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶62

PRESENT

¶63

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶64

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶65

1944

¶66

WP(C) NO. 26011 OF 2022

¶67

PETITIONER/S:

¶68

1 P. SHEEBA PAUL AGED 51 YEARS W/O.SIMON ANTHONY, ELEVATHINGAL, KONNU ROAD, ANGAMALY P.O., ERNAKULAM., PIN - 683572 2 SIMON E.A AGED 58 YEARS ELEVATHINGAL, KONNU ROAD, ANGAMALY P.O., ERNAKULAM., PIN - 683572 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶69

RESPONDENT/S:

¶70

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶71

2 THE CHAIRMAN NATIONAL MEDICAL COMMISSION, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI, PIN - 110077

¶72

3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶73

4 THE REGISTRAR KERALA STATE MEDICAL COUNCIL FOR MODERN

¶74

W.P.(C) No.24058 of 2022 & con.cases

¶75

-8-

¶76

MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035

¶77

5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER, DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE,ERNAKULAM, KERALA, PIN - 682011

¶78

6 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADV N.RAGHURAJ

¶79

OTHER PRESENT:

¶80

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶81

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022, 25078/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶82

W.P.(C) No.24058 of 2022 & con.cases

¶83

-9-

¶84

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶85

PRESENT

¶86

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶87

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶88

1944

¶89

WP(C) NO. 26035 OF 2022

¶90

PETITIONER/S:

¶91

1 USHA ANITHA ABRAHAM AGED 51 YEARS WIFE OF RENU THOMAS, 'THAYIL PUTHENVEEDU', THUMPAMON PO, PANDALAM, PATHANAMTHITTA, PIN - 689572 2 RENU THOMAS AGED 51 YEARS SON OF P T THOMAS, 'THAYIL PUTHENVEEDU', THUMPAMON PO, PANDALAM, PATHANAMTHITTA, PIN - 689572 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶92

RESPONDENT/S:

¶93

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶94

2 THE CHAIRMAN NATIONAL MEDICAL COMMISSION, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI, PIN - 110077

¶95

3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELRAFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶96

4 THE REGISTRAR

¶97

W.P.(C) No.24058 of 2022 & con.cases

¶98

-10-

¶99

KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035 5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER,MDISTRICT MEDICAL OFFICE, ERNAKULAM,PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA , PIN - 682011 6 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA. , PIN - 686673 BY ADVS. VISHNU RAJAGOPAL N.RAGHURAJ

¶100

OTHER PRESENT:

¶101

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC VISHNU RAJAGOPAL

¶102

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶103

W.P.(C) No.24058 of 2022 & con.cases

¶104

-11-

¶105

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶106

PRESENT

¶107

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶108

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶109

1944

¶110

WP(C) NO. 26066 OF 2022

¶111

PETITIONER/S:

¶112

1 KOCHURANI MATHEW AGED 51 YEARS WIFE OF ROY JOSEPH, THEKKEL, KOZHUVANAL P O, PULIYANNOOR, KOTTAYAM. , PIN - 686573 2 ROY JOSEPH AGED 54 YEARS HUSBAND OF KOCHURANI MATHEW, THEKKEL, KOZHUVANAL P O, MEENACHIL, KOTTAYAM , PIN - 686573 BY ADVS. AKASH S. V.S.VARALEKSHMI GIRISH KUMAR M S

¶113

RESPONDENT/S:

¶114

¶115

W.P.(C) No.24058 of 2022 & con.cases

¶116

-12-

¶117

SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶118

4 THE REGISTRAR KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE,COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035

¶119

5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER, DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011

¶120

6 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA , PIN - 686673 BY ADV N.RAGHURAJ

¶121

OTHER PRESENT:

¶122

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶123

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C). 25078/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶124

W.P.(C) No.24058 of 2022 & con.cases

¶125

-13-

¶126

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶127

PRESENT

¶128

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶129

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶130

1944

¶131

WP(C) NO. 26559 OF 2022

¶132

PETITIONER/S:

¶133

1 SHYMA AGED 50 YEARS WIFE OF UMESH KUMAR, 'KUNNATH HOUSE', PULINTHANAM, ENANALLOOR, NORTH BEYPORE, KOZHIKODE, PIN - 673015 2 UMESH KUMAR AGED 56 YEARS SON OF INDRANI, 'MADHAVAM', KUNNOTH, KAKKOTI, KOZHIKODE, PIN - 673611 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶134

RESPONDENT/S:

¶135

¶136

W.P.(C) No.24058 of 2022 & con.cases

¶137

-14-

¶138

4 THE REGISTRAR KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035

¶139

5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011

¶140

6 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADVS. VISHNU JAYAPALAN N.RAGHURAJ

¶141

OTHER PRESENT:

¶142

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC VISHNU J

¶143

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶144

W.P.(C) No.24058 of 2022 & con.cases

¶145

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¶146

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶147

PRESENT

¶148

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶149

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶150

1944

¶151

WP(C) NO. 26563 OF 2022

¶152

PETITIONER/S:

¶153

1 GRACY BENNY AGED 56 YEARS WIFE OF BENNY MATHAI, 'PALLITHAZHATHU', PULINTHANAM, ENANALLOOR, KOTHAMANGALAM, ERNAKULAM , PIN - 686671 2 BENNY MATHAI AGED 57 YEARS SON OF MATHAI, 'PALLITHAZHATHU', PULINTHANAM, ENANALLOOR, KOTHAMANGALAM, ERNAKULAM, PIN - 686671 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶154

RESPONDENT/S:

¶155

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶156

2 THE CHAIRMAN NATIONAL MEDICAL COMMISSION, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI, PIN - 110077

¶157

3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶158

W.P.(C) No.24058 of 2022 & con.cases

¶159

-16-

¶160

4 THE REGISTRAR KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035

¶161

5 5. THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER, DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011

¶162

6 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADV N.RAGHURAJ

¶163

OTHER PRESENT:

¶164

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶165

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶166

W.P.(C) No.24058 of 2022 & con.cases

¶167

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¶168

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶169

PRESENT

¶170

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶171

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶172

1944

¶173

WP(C) NO. 27099 OF 2022

¶174

PETITIONER/S:

¶175

1 SHIBYMOL M AGED 55 YEARS DAUGHTER OF KAUSALYA MADHAVAN, 'MUKALETHUPARAMBIL', VETTICKAL PO, THIRUVANIYOOR, MULANTHURUTHY, ERNAKULAM. , PIN - 682314 2 UNNINARAYANAN O AGED 56 YEARS SON OF GANGADHARAN NAIR, 'PUNATHIL', CHOOLUR, NIT CAMPUS PO, KOZHIKODE , PIN - 673601 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶176

RESPONDENT/S:

¶177

1 UNION OF INDIA 1. REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001 2 NATIONAL MEDICAL COMMISSION REPRESENTED BY THE CHAIRMAN, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI, PIN - 110077 3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE,

¶178

W.P.(C) No.24058 of 2022 & con.cases

¶179

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¶180

SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶181

4 KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE REPRESENTED BY THE REGISTRAR, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035

¶182

5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, PIN - 682011

¶183

6 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADVS. Kiran M.S., CGC SHRI.N.RAGHURAJ, SC, KERALA STATE MEDICAL COUNCILS

¶184

OTHER PRESENT:

¶185

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY;

¶186

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶187

W.P.(C) No.24058 of 2022 & con.cases

¶188

-19-

¶189

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶190

PRESENT

¶191

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶192

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶193

1944

¶194

WP(C) NO. 27188 OF 2022

¶195

PETITIONER/S:

¶196

1 SHYLEJA S AGED 48 YEARS DAUGHTER OF C N SIVAKUMAR, 'CHITTETTU PADINJAREMURIYIL, PATHANAD, KANGAZHA, KOTTAYAM, PIN - 686541 2 HEMANT KUMAR R AGED 55 YEARS SON OF R RAMACHANDRAN NAIR, TC 28/1348, MAIDAN VILLA, HINDU MISSION ROAD, GPO, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶197

RESPONDENT/S:

¶198

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶199

2 NATIONAL MEDICAL COMMISSION REPRESENTED BY THE CHAIRMAN, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI, PIN - 110077

¶200

3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,

¶201

W.P.(C) No.24058 of 2022 & con.cases

¶202

-20-

¶203

THIRUVANANTHAPURAM, PIN - 695001

¶204

4 KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE REPRESENTED BY THE REGISTRAR, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035

¶205

5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE,ERNAKULAM, PIN - 682011

¶206

6 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADV SHRI.N.RAGHURAJ, SC, KERALA STATE MEDICAL COUNCILS

¶207

OTHER PRESENT:

¶208

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR, N.RAGHURAJ, SC

¶209

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶210

W.P.(C) No.24058 of 2022 & con.cases

¶211

-21-

¶212

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶213

PRESENT

¶214

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶215

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶216

1944

¶217

WP(C) NO. 27212 OF 2022

¶218

PETITIONER/S:

¶219

1 LAILA AGED 50 YEARS DAUGHTER OF ABDUL KHADER, 'MAILADUMPARA PLAVILA VEEDU', VALIYAKALUNGU, PARANDODE PO, ARYANAND, THIRUVANANTHAPURAM, PIN - 695542 2 SHAHUL HAMEED A AGED 61 YEARS SON OF ABUBAKKAR KUNJU, 'SHAJINA MANZIL', MALAYANTHERI, PARANDODE, THIRUVANANTHAPURAM, PIN - 695542 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶220

RESPONDENT/S:

¶221

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001 2 THE CHAIRMAN NATIONAL MEDICAL COMMISSION, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI , PIN - 110077 3 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT,

¶222

W.P.(C) No.24058 of 2022 & con.cases

¶223

-22-

¶224

THIRUVANANTHAPURAM, PIN - 695001

¶225

4 THE REGISTRAR KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE,COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM PIN - 695035

¶226

5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011

¶227

6 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADVS. S.JUSTUS SHRI.N.RAGHURAJ, SC, KERALA STATE MEDICAL COUNCILS

¶228

OTHER PRESENT:

¶229

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY;

¶230

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶231

W.P.(C) No.24058 of 2022 & con.cases

¶232

-23-

¶233

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶234

PRESENT

¶235

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶236

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶237

1944

¶238

WP(C) NO. 27216 OF 2022

¶239

PETITIONER/S:

¶240

1 OMANA M AGED 50 YEARS DAUGHTER OF MARY, 'UDAYA BHAVAN', CHERUVALLY, KEEZHTHONNAKKAL, SANTHIGIRI PO, THIRUVANANTHAPURAM, PIN - 695589 2 JAYAKUMAR V AGED 59 YEARS SON OF VELAYUDHAN PILLAI, 'VEMOOTTILVEEDU', POOLANTHARA, SANTHIGIRI PO, THIRUVANANTHAPURAM, PIN - 695589 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶241

RESPONDENT/S:

¶242

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶243

2 NATIONAL MEDICAL COMMISSION REPRESENTED BY THE CHAIRMAN, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI, PIN - 110077

¶244

3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶245

4 KERALA STATE MEDICAL COUNCIL FOR MODERN MEDICINE

¶246

W.P.(C) No.24058 of 2022 & con.cases

¶247

-24-

¶248

REPRESENTED BY THE REGISTRAR, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035 5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, PIN - 682011 6 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA , PIN - 686673 BY ADVS. N.J.ASHWIN,CGC SHRI.N.RAGHURAJ, SC, KERALA STATE MEDICAL COUNCILS

¶249

OTHER PRESENT:

¶250

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY;

¶251

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶252

W.P.(C) No.24058 of 2022 & con.cases

¶253

-25-

¶254

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶255

PRESENT

¶256

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶257

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶258

1944

¶259

WP(C) NO. 29282 OF 2022

¶260

PETITIONER/S:

¶261

1 SANGEETHA JOBY AGED 51 YEARS WIFE OF JOBY S URALATH, 'URALATH HOUSE', NANDHI, VELLANI PO, KARALAM, THRISSUR, PIN - 680701 2 JOBY S URALATH AGED 54 YEARS SON OF SUBRAMANIAN, 'URALATH HOUSE', NANDHI, VELLANI PO, KARALAM, THRISSUR, PIN - 680701 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶262

RESPONDENT/S:

¶263

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶264

2 NATIONAL MEDICAL COMMISSION REPRESENTED BY THE CHAIRMAN, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI, PIN - 110077

¶265

3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶266

4 KERALA STATE MEDICAL COUNCIL FOR MODERN

¶267

W.P.(C) No.24058 of 2022 & con.cases

¶268

-26-

¶269

MEDICINE, REPRESENTED BY THE REGISTRAR, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM REPRESENTED BY THE REGISTRAR, COMBINED COUNCIL BUILDING, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN - 695035 5 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, PIN - 682011 6 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADV SHRI.N.RAGHURAJ, SC, KERALA STATE MEDICAL COUNCILS

¶270

OTHER PRESENT:

¶271

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶272

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶273

W.P.(C) No.24058 of 2022 & con.cases

¶274

-27-

¶275

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶276

PRESENT

¶277

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶278

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶279

1944

¶280

WP(C) NO. 29646 OF 2022

¶281

PETITIONER/S:

¶282

1 SHEENA AGED 41 YEARS WIFE OF PRAKASAN, 'EDAKKATT HOUSE', EDAKKARA PO, PUNNAYUR, THRISSUR, PIN - 680518 2 PRAKASAN AGED 55 YEARS SON OF VASU, 'EDAKKATT HOUSE', EDAKKARA PO, PUNNAYUR THRISSUR, PIN - 680518 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶283

RESPONDENT/S:

¶284

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER

¶285

W.P.(C) No.24058 of 2022 & con.cases

¶286

-28-

¶287

DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011 4 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADV MINI GOPINATH -CGC .

¶288

OTHER PRESENT:

¶289

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY;

¶290

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶291

W.P.(C) No.24058 of 2022 & con.cases

¶292

-29-

¶293

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶294

PRESENT

¶295

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶296

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶297

1944

¶298

WP(C) NO. 30545 OF 2022

¶299

PETITIONER/S:

¶300

1 SUCHITHRA BABU AGED 48 YEARS WIFE OF M P BABU, 'CHAITHRAM', VALLICODE PO, PATHANAMTHITTA, PIN - 689642 2 M.P. BABU AGED 59 YEARS SON OF PRABHAKARAN, 'CHAITHRAM', VALLICODE PO, PATHANAMTHITTA, PIN - 689642 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶301

RESPONDENT/S:

¶302

¶303

W.P.(C) No.24058 of 2022 & con.cases

-30-

OTHER PRESENT:

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶308

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶309

W.P.(C) No.24058 of 2022 & con.cases

¶310

-31-

¶311

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶312

PRESENT

¶313

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶314

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶315

1944

¶316

WP(C) NO. 31769 OF 2022

¶317

PETITIONER/S:

¶318

1 SHARMILA P.M. AGED 50 YEARS WIFE OF BABU K, 'KAYANEDATH', MUTHAMBI, NADERI PO, ARIKKULAM, KOZHIKODE, PIN - 673020 2 BABU K AGED 56 YEARS SON OF UNNARAKKUTTY, 'KAYANEDATH', MUTHAMBI, NADERI PO, ARIKKULAM, KOZHIKODE., PIN - 673020 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶319

RESPONDENT/S:

¶320

¶321

W.P.(C) No.24058 of 2022 & con.cases

-32-

ADV.N.RAGHURAJ

OTHER PRESENT:

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶327

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶328

W.P.(C) No.24058 of 2022 & con.cases

¶329

-33-

¶330

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶331

PRESENT

¶332

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶333

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶334

1944

¶335

WP(C) NO. 32268 OF 2022

¶336

PETITIONER/S:

¶337

1 GIGI VARGHESE AGED 52 YEARS WIFE OF JAMES GEORGE, VALLAPURACKAL KANYAKONIL', PACHA, CHEKKIDIKKADU PO, EDATHUA, ALAPPUZHA, PIN - 689573 2 JAMES GEORGE AGED 52 YEARS SON OF A O GEORGE, 'EDATHIPARAMPIL HOUSE', PARUMALA PO, THIRUVALLA, KADAPRA, PATHANAMTHITTA, PIN - 689626 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI NEETHU S.

¶338

RESPONDENT/S:

¶339

1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001 2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH

¶340

W.P.(C) No.24058 of 2022 & con.cases

¶341

-34-

¶342

("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011 4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD REPRESENTED BY THE MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA , PIN - 686673

¶343

ADV.N.RAGHURAJ

¶344

OTHER PRESENT:

¶345

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶346

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶347

W.P.(C) No.24058 of 2022 & con.cases

¶348

-35-

¶349

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶350

PRESENT

¶351

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶352

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶353

1944

¶354

WP(C) NO. 32275 OF 2022

¶355

PETITIONER/S:

¶356

1 DR. SUNITHA MONI AGED 56 YEARS WIFE OF ASOK LAL G, TC 4/1397, YGRA 2, KURAVANKONAM, KOWDIAR PO, THIRUVANANTHAPURAM, PIN - 695003 2 ASOK LAL G AGED 57 YEARS SON OF P GANESAN, TC 4/1397, YGRA 2, KURAVANKONAM, KOWDIAR PO, THIRUVANANTHAPURAM, PIN - 695003 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI NEETHU S.

¶357

RESPONDENT/S:

¶358

¶359

W.P.(C) No.24058 of 2022 & con.cases

¶360

-36-

¶361

("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA , PIN - 682011 4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD REPRESENTED BY THE MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686673 ADV.N.RAGHURAJ

¶362

OTHER PRESENT:

¶363

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶364

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶365

W.P.(C) No.24058 of 2022 & con.cases

¶366

-37-

¶367

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶368

PRESENT

¶369

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶370

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶371

1944

¶372

WP(C) NO. 32329 OF 2022

¶373

PETITIONER/S:

¶374

1 SABIRA AGED 49 YEARS WIFE OF MAMMAD KOYA, 'ERAVATTUKANDY', KAKKANCHERI, ULLIYERI, KOZHIKODE, PIN - 673620 2 MAMMAD KOYA AGED 57 YEARS SON OF IMPICHIMOITHY, 'ERAVATTUKANDY', KAKKANCHERI, ULLIYERI, KOZHIKODE , PIN - 673620 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI NEETHU S.

¶375

RESPONDENT/S:

¶376

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI , PIN - 110001

¶377

2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶378

3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM,

¶379

W.P.(C) No.24058 of 2022 & con.cases

¶380

-38-

¶381

PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011

¶382

4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD REPRESENTED BY THE MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673

¶383

ADV.N.RAGHURAJ

¶384

OTHER PRESENT:

¶385

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶386

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶387

W.P.(C) No.24058 of 2022 & con.cases

¶388

-39-

¶389

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶390

PRESENT

¶391

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶392

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶393

1944

¶394

WP(C) NO. 33128 OF 2022

¶395

PETITIONER/S:

¶396

1 RAJANI JAYAKRISHNAN AGED 49 YEARS WIFE OF JAYAKRISHNAN C N, 'VADAKKEKARA', ANANDAPURAM PO, THRISSUR, PIN - 680305 2 JAYAKRISHNAN C.N. AGED 60 YEARS SON OF C KELU, 'VADAKKEKARA', ANANDAPURAM PO, THRISSUR, PIN - 680305 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶397

RESPONDENT/S:

¶398

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶399

2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶400

3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER, DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE,

¶401

W.P.(C) No.24058 of 2022 & con.cases

¶402

-40-

¶403

ERNAKULAM, KERALA, PIN - 682011 4 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673 BY ADV N.RAGHURAJ BY ADV DEEPA RAJESH

¶404

OTHER PRESENT:

¶405

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶406

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶407

W.P.(C) No.24058 of 2022 & con.cases

¶408

-41-

¶409

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶410

PRESENT

¶411

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶412

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶413

1944

¶414

WP(C) NO. 33165 OF 2022

¶415

PETITIONER/S:

¶416

1 SREELAJA V AGED 48 YEARS WIFE OF C K PADMAGIREESAN, SREENIVAS', MEPPAYIL PO, VADAKARA, KOZHIKODE, PIN - 673104 2 C.K.PADMAGIREESAN AGED 56 YEARS SON OF C KELU, SREENIVAS', MEPPAYIL PO, VADAKARA, KOZHIKODE, PIN - 673104 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI

¶417

RESPONDENT/S:

¶418

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶419

2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶420

3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE,

¶421

W.P.(C) No.24058 of 2022 & con.cases

¶422

-42-

¶423

ERNAKULAM, KERALA, PIN - 682011

¶424

4 THE MANAGING DIRECTOR SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686673

¶425

BY ADV SMT.M.SHAJNA, CGC ADV.N.RAGURAJ

¶426

OTHER PRESENT:

¶427

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY;

¶428

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶429

W.P.(C) No.24058 of 2022 & con.cases

¶430

-43-

¶431

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶432

PRESENT

¶433

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶434

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶435

1944

¶436

WP(C) NO. 35095 OF 2022

¶437

PETITIONER/S:

¶438

1 M.K.SHERMILA AGED 50 YEARS WIFE OF ASOKAN K S, 'MADATHUM KANDIYIL HOUSE', NELLUNNI, MATTANNUR PO, CHAVASSERY, THALASSERY, KANNUR, PIN - 670702 2 ASOKAN K.S. AGED 53 YEARS SON OF KRISHNA PILLAI, 'SARADABHAVAN', NEAR CO-OPERATIVE SOCIETY, CHIRAYINKEEZHU PO, THIRUVANANTHAPURAM, PIN - 695304 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI NEETHU S.

¶439

RESPONDENT/S:

¶440

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶441

2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶442

3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH

¶443

W.P.(C) No.24058 of 2022 & con.cases

¶444

-44-

¶445

("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011 4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN - 686673

¶446

ADV.N.RAGHURAJ

¶447

OTHER PRESENT:

¶448

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶449

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶450

W.P.(C) No.24058 of 2022 & con.cases

¶451

-45-

¶452

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶453

PRESENT

¶454

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶455

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶456

1944

¶457

WP(C) NO. 35582 OF 2022

¶458

PETITIONER/S:

¶459

1 REMYA REMESH AGED 40 YEARS WIFE OF AJITH KUMAR V S, 'VETTARMADATHIL', KUDAYATHOOR, IDUKKI, PIN - 685590 2 AJITH KUMAR V S AGED 59 YEARS SON OF SANKARA PILLA, 'VETTARMADATHIL', KUDAYATHOOR, IDUKKI, PIN - 685590 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ

¶460

RESPONDENT/S:

¶461

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶462

2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶463

3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM,

¶464

W.P.(C) No.24058 of 2022 & con.cases

¶465

-46-

¶466

PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011

¶467

4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686673

¶468

N.RAGHURAJ

¶469

OTHER PRESENT:

¶470

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶471

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶472

W.P.(C) No.24058 of 2022 & con.cases

¶473

-47-

¶474

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶475

PRESENT

¶476

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶477

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶478

1944

¶479

WP(C) NO. 35841 OF 2022

¶480

PETITIONER/S:

¶481

1 A.R SHYJA AGED 55 YEARS WIFE OF DR, HARIHARAN, 'KURUVAM CHIRA', KURUPPAMKULANGARA, CHERTHALA NORTH, ALAPPUZHA - 688 539

¶482

2 DR. HARIHARAN AGED 67 YEARS SON OF NARAYANAN, 'KURUVAM CHIRA', KURUPPAMKULANGARA, CHERTHALA NORTH, ALAPPUZHA, PIN - 688539 BY ADVS. AKASH S. DEVIKA JAYARAJ GIRISH KUMAR M S V.S.VARALEKSHMI

¶483

RESPONDENT/S:

¶484

¶485

W.P.(C) No.24058 of 2022 & con.cases

¶486

-48-

¶487

DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011 4 SABINE HOSPITAL AND RESEARCH CENTRE PVT.LTD. REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686673

¶488

N.RAGHRAJ

¶489

OTHER PRESENT:

¶490

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶491

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶492

W.P.(C) No.24058 of 2022 & con.cases

¶493

-49-

¶494

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶495

PRESENT

¶496

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶497

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶498

1944

¶499

WP(C) NO. 35900 OF 2022

¶500

PETITIONER/S:

¶501

1 INDIRA G AGED 49 YEARS DAUGHTER OF GOVINDAN V S, 880, 'MAMPARAMBIL', A N PURAM, THIRUVAMPADY PO, ALAPPUZHA, PIN - 688002 2 CHANDRAN K.N. AGED 60 YEARS SON OF NARAYANAN, 'KAROORPARAMBIL', KODAR LANE, ARAKULAM WEST, KODUNGALLOOR PO, THRISSUR, PIN - 680664 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ

¶502

RESPONDENT/S:

¶503

1 UNION OF INDIA , REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶504

2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001

¶505

3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM,

¶506

W.P.(C) No.24058 of 2022 & con.cases

¶507

-50-

¶508

PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011

¶509

4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686673

¶510

ADV.N.RAGHURAJ

¶511

OTHER PRESENT:

¶512

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶513

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶514

W.P.(C) No.24058 of 2022 & con.cases

¶515

-51-

¶516

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶517

PRESENT

¶518

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶519

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶520

1944

¶521

WP(C) NO. 35922 OF 2022

¶522

PETITIONER/S:

¶523

1 REMA P AGED 50 YEARS WIFE OF SIVADASAN P V, 'THIRUVATHIRA', PUNTHALA PO, VENMONY, ALAPPUZHA - 689 509, PIN - 689509 2 SIVADASAN P.V AGED 61 YEARS SON OF K VASU, 'THIRUVATHIRA', PUNTHALA PO, VENMONY, ALAPPUZHA, PIN - 689509 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ

¶524

RESPONDENT/S:

¶525

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

¶526

2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶527

3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE,

¶528

W.P.(C) No.24058 of 2022 & con.cases

¶529

ERNAKULAM, KERALA , PIN - 682011 4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA , PIN - 686673 BY ADV SHAIJU K.S., CGC

¶530

OTHER PRESENT:

¶531

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; N.RAGHURAJ

¶532

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶533

W.P.(C) No.24058 of 2022 & con.cases

¶534

-53-

¶535

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶536

PRESENT

¶537

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶538

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶539

1944

¶540

WP(C) NO. 36347 OF 2022

¶541

PETITIONER/S:

¶542

1 JOMON C.V. AGED 52 YEARS S/O C.I. VARGHESE, CHAKRAMAKKIL HOUSE, PALUVAI P.O., THRISSUR , PIN - 680522 2 SUNI JOMON AGED 50 YEARS W/O JOMON C.V., CHAKRAMAKKIL HOUSE, PALUVAI P.O., THRISSUR, PIN - 680522 BY ADVS. ALEX.M.SCARIA BEAS K. PONNAPPAN A.J.RIYAS SARITHA THOMAS ALEN J. CHERUVIL SAHL ABDUL KADER SANJITH KUMAR R.

¶543

RESPONDENT/S:

¶544

1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN - 110001 2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001

¶545

3 THE APPROPRIATE AUTHORITY FORMED U/S 12 OF THE ART (R) ACT, 2021 REPRESENTED BY VICE CHAIRPERSON - DR. PREETHI,

¶546

W.P.(C) No.24058 of 2022 & con.cases

¶547

-54-

¶548

ADDITIONAL DIRECTOR OF HEALTH SERVICES (FW ), PALAYAM - AIRPORT ROAD, NEAR GENERAL HOSPITAL ROAD JUNCTION, THIRUVANANTHAPURAM, KERALA , PIN - 695035

¶549

4 THE DISTRICT REPRODUCTIVE & CHILD HEALTH (RCH) OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK AVENUE, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011

¶550

5 THE AMRITA INSTITUTE OF MEDICAL SCIENCES PONEKKARA P.O., KOCHI, REPRESENTED BY ITS DIRECTOR, PIN - 682041 BY ADV SRI.SUVIN R.MENON, CGC

¶551

OTHER PRESENT:

¶552

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; ADV.N.RAGHURAJ

¶553

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶554

W.P.(C) No.24058 of 2022 & con.cases

¶555

-55-

¶556

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶557

PRESENT

¶558

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶559

MONDAY, THE 19^TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA,

¶560

1944

¶561

WP(C) NO. 37145 OF 2022

¶562

PETITIONER/S:

¶563

1 SUDHA AGED 51 YEARS WIFE OF KUNHIRAMAN, 'CHAVAYANGATT MEETHAL', KAVIL PO, NADUVANNUR, KOZHIKODE , PIN - 673614 2 KUNHIRAMAN AGED 58 YEARS SON OF CHANGARAN, 'CHAVAYANGATT MEETHAL', KAVIL PO, NADUVANNUR, KOZHIKODE , PIN - 673614 BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ

¶564

RESPONDENT/S:

¶565

¶566

W.P.(C) No.24058 of 2022 & con.cases

¶567

-56-

¶568

ERNAKULAM, KERALA, PIN - 682011 4 SABINE HOSPITAL & RESEARCH CENTRE PVT.LTD. REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686673

¶569

ADV.N.RAGHURAJ

¶570

OTHER PRESENT:

¶571

AMICUS CURAIE RAMOLA NAYANPALLY; DSGI S.MANU;GP RIYAL DEVASSY; CGC V.GIRISH KUMAR

¶572

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2022, ALONG WITH WP(C).24508/2022 AND CONNECTED CASES, THE COURT ON 19.12.2022 DELIVERED THE FOLLOWING:

¶573

W.P.(C) No.24058 of 2022 & con.cases

“CR”

-57-

JUDGMENT

Dated this the 19^th day of December, 2022

¶578

[WP(C) Nos.24058/2022, 24508/2022, 25078/2022, 26011/2022, 26035/2022, 26066/2022, 26559/2022, 26563/2022, 27099/2022, 27188/2022, 27212/2022, 27216/2022, 29282/2022, 29646/2022, 30545/2022, 31769/2022, 32268/2022, 32275/2022, 32329/2022, 33128/2022, 33165/2022, 35095/2022, 35582/2022, 35841/2022, 35900/2022, 35922/2022, 36347/2022, 37145/2022]

¶579

The writ petitions are filed by couples undergoing or intending to undergo assisted reproductive services, driven by the desire to have children. The petitioners challenge the upper age limit of 50 years for women and 55 years for men prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021 ('the ART Act' for short), which prohibits the application of ART services to persons above the

¶580

W.P.(C) No.24058 of 2022 & con.cases

¶581

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¶582

prescribed age limit. According to the petitioners, prescription of the upper age limit

¶583

under Section 21 (g) of the ART Act is irrational, arbitrary, unreasonable and violative of their right to reproduction, acknowledged as a fundamental right. They therefore want Section 21(g) of the ART Act, to the extent it prescribes an upper age limit for availing assisted

¶584

reproductive technology services, to be declared unconstitutional.

¶585

Heard Advs.Akash Sathyanandan and Alex

¶586

Scaria for the petitioners, S.Manu, the Deputy Solicitor General assisted by V. Girish Kumar, for the Central Government, Government Pleader

¶587

Riyal Devassy for the State Government, N.Raguraj for the Kerala State Medical Council and Ramola

¶588

Nayanpally, the amicus curiae .

¶589

Learned Counsel for the petitioners

¶590

contended that there is no rationale in prescribing an upper age limit of 55 for men and

¶591

W.P.(C) No.24058 of 2022 & con.cases

¶592

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¶593

50 for women. It is submitted that, prior to the

¶594

introduction of the ART Act, the ‘National

¶595

Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India' ('the National Guidelines' for short), prepared by the Indian Council for Medical research ("ICMR") and National Academy of Medical Sciences (NAMS) was in force. Chapter 3 of the National Guidelines dealt with the 'Code of Practice, Ethical Considerations and Legal Issues". Therein, under the head 'General Considerations' the

¶596

prescription was only with respect to the minimum age for ART. As no upper age limit was prescribed in the guidelines, the petitioners had opted for ART services, without being unduly worried about their age. Some of the petitioners were in the midst of their treatment when the ART Act came into effect on 25.01.2022, bringing the treatment

¶597

came to a sudden halt. This has put the petitioners under extreme emotional stress and

¶598

W.P.(C) No.24058 of 2022 & con.cases

¶599

some are in the verge of mental breakdown.

¶600

Surrogacy (Regulation) Act introduced with a similar objective contains a transitional

¶601

provision, the ART Act contains no such provision. It is contended that the rights of individuals to found a family is recognised as a

¶602

human right by the United Nations and reproductive rights has been recognised as an aspect of personal liberty under Article 21 of the Constitution of India by the Honourable Supreme Court also. In support of this contention reliance is placed on the decisions in Suchita

¶603

Srivastava and Anr. v. Chandigarh Administration [(2009) 9 SCC 1] , K.S. Puttuswamy and another v Union of India [(2017) 10 SCC 1]

¶604

Responding with alacrity to this Court's request for assistance, learned amicus curiae has submitted a detailed report after exhaustive

¶605

W.P.(C) No.24058 of 2022 & con.cases

¶606

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¶607

reference to statutes, judgments, parliamentary

¶608

debates, journal articles and interviews with doctors practicing infertility and reproductive medicine. According to the amicus curiae , the issue of limiting access to assisted reproductive techniques ought to be addressed from the psychological, ethical and social perspectives. From the psychological point of view, being restricted from accessing ART may lead to increased frustration of families who are unable to reproduce naturally. Ethically, objections may arise by measuring the value of life of the newborn against the risks associated with the mothers' advanced age. On the social perspective, it is to be noticed that, with the increased use of ART, administration of such technologies has gained a social value with demographic relevancy. Certain studies have shown that later parenthood is associated with a more stable family environment, a higher socio-economic position,

¶609

W.P.(C) No.24058 of 2022 & con.cases

¶610

higher income and better living conditions as

¶611

well as better parenting practices. However, concerns regarding the reduced physical capacity to meet the demands of parenthood, fear of premature parental loss, social stigma and

¶612

absence of grandparents are projected as reasons for preferring parents of younger age. In addition to the above mentioned aspects, wider considerations such as higher success rates with repeated treatment cycles and role of the State in regulating reproduction also assumes relevance.

¶613

Referring to Clause 3.1.6 in the 129th

¶614

report of the Department Related Parliament

¶615

Standing Committee on Health and Family Welfare, it is pointed out that a Senior Consultant & Professor of AIIMS and a representative from the Department of Reproductive Medicine, Christian Medical College & Hospital, Vellore had submitted that the lower age limit for woman seeking ART

¶616

W.P.(C) No.24058 of 2022 & con.cases

¶617

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¶618

services should be more than 20 years and the upper age limit for both men and women should be decided based on factors like risk to maternal health due to pregnancy at advanced maternal age; care of child until 18 years and average life expectancy in India. It is submitted that except noting such suggestions, there was no discussion on the aspects by the experts. To highlight the impracticality in fixing the upper age limit, it is pointed out that, by reason of the upper age limit, a married woman below 50 years will not be

¶619

permitted to undergo assisted reproductive services if her husband has crossed 55 years of age, while an unmarried woman can avail such service till she attains 50 years.

¶620

Learned amicus curiae suggested that, since the National Assisted Reproductive

¶621

Technology and Surrogacy Board (National Board, constituted in terms of Section 15(1) of the Surrogacy (Regulation) Act is empowered to review

¶622

W.P.(C) No.24058 of 2022 & con.cases

¶623

-64-

¶624

and monitor the implementation of the ART Act and recommend suitable changes, it will be apposite to direct the National Board to review the upper age limit and make necessary recommendations to the Central Government.

¶625

On behalf of the Central Government, it is submitted that the Department-Related Parliament Standing Committee on Health and Family Welfare had considered all relevant aspects before prescribing the upper age limit. After due deliberation, based on inputs received from various stakeholders, the Committee recommended the age criteria of 21 to 50 years for women and 21 to 55 years for men to be the most suitable. The report of the Committee was placed before both the houses of Parliament and passed after due discussion. There is no irrationality in prescribing the upper age limit and no scope for interference with the provisions of a well thought out and well intended legislation.

¶626

W.P.(C) No.24058 of 2022 & con.cases

¶627

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¶628

Before proceeding to decide the constitutionality of Section 21(g), it is

¶629

essential to have an idea about the conception, evolution and introduction of the ART Act. For this purpose, it is necessary to note that the

¶630

benefits of assisted reproductive techniques came into focus with the birth of Louise Brown, the world's first test tube baby, on 25th July, 1978. About two months later, the world's second and India's first IVF baby, Kanupriya @ Durga was born in Kolkata. Since then, the field of assisted reproductive technology has grown exponentially and India has become one of the major centres for ART services. This gave rise to

¶631

a multitude of legal, ethical and social issues, in the absence of any prescribed standards or protocols. The Central Government was therefore prompted to call upon the ICMR to draft the National Guidelines for Accreditation,

¶632

Supervision and Regulation of ART Clinics in

¶633

W.P.(C) No.24058 of 2022 & con.cases

¶634

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¶635

India. Later, the Law Commission of India presented its 228th report, recommending active legislative intervention to facilitate the correct use of ART technology and legalisation of surrogacy. Accordingly, the Standing Committee on Health and Family Welfare submitted the 102nd report on the Surrogacy Regulation Bill. The Committee observed that along with Surrogacy Regulation, there is an urgent need to regulate ART Clinics across the country. Consequently, the ART (Regulation) Bill was introduced in the Lok

¶636

Sabha on 14.09.2020 and referred to the Parliamentary Standing Committee on Health and Family Welfare. The Standing Committee sought the views of stakeholders and Governments and presented the 129^th report on the ART (Regulation) Bill, 2020 before the Parliament on 19.03.2021. The Bill was passed on 01.12.2021 and the Act came into force on 25.01.2022.

¶637

W.P.(C) No.24058 of 2022 & con.cases

¶638

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¶639

The objective of the ART Act, as

¶640

discernible from its preamble, is to regulate and supervise the assisted reproductive technology clinics and banks to prevent misuse and ensure

¶641

safe and ethical practice of Assisted Reproductive Technology Service etc. As per Section 2(1)(a) of the Act, “assisted reproductive technology”, with its grammatical variations and cognate expressions, means all techniques that attempt to obtain a pregnancy by handling the sperm or the oocyte outside the human body and transferring the gamete or the embryo into the reproductive system of a woman.” Section 2(1)(e) defines “commissioning couple” as an infertile married couple who approach an assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the authorised services of that clinic or bank. Section 2(1)(j) defines “infertility” as the inability to conceive after one year of

¶642

W.P.(C) No.24058 of 2022 & con.cases

¶643

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¶644

unprotected coitus or other proven medical condition preventing a couple from conception. Section 2(1)(u) defines a “woman” to mean any woman above the age of twenty-one years who approaches an assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the authorised services of the clinic or bank. Section 21 of the Act requires the ART clinics and banks to perform certain enumerated duties. As per Section 21(g), the clinics shall apply the assisted reproductive technology services, (i) to a woman above the age of twenty-one years and below the age of fifty years and (ii) to a man above the age of twentyone years and below the age of fifty-five years.

¶645

Having carefully perused the report of the Parliamentary Committee, I find merit in the contention that the prescription of upper age limit is made without much discussion. In the 129^th report of the Parliamentary Committee,

¶646

W.P.(C) No.24058 of 2022 & con.cases

¶647

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¶648

except referring to the suggestion put forth by

¶649

the experts regarding the need for prescribing the upper age limit for women/men, there is no discussion on the relevant aspects. The Parliamentary debates on the Assisted Reproductive Technology (Regulation) Bill, 2020 also does not reveal any discussion on the age factor of the commissioning couple. Be that as it may, absence of deliberation by the legislature is not sufficient to hold a statutory provision to be unconstitutional. There could have been discussion regarding the absence of international conventions or treaties regulating ART. Another factor of relevance is that in most of the countries providing ART services, the practice is regulated by domestic legislation, guidelines or both. Countries like Estonia, Greece and Netherlands has set the mother's age limit at 50 years, the Czech Republic at 49 years, Belgium, Bulgeria, Denmark and Ireland at 45 years. At the

¶650

W.P.(C) No.24058 of 2022 & con.cases

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same time, countries like France, Germany,

¶653

Portugal, Spain, Sweden and UK do not have a specified age limit, but prescribes that the maximum age limit of the mother shall be within the natural reproductive age of a woman. Particularly, the father's age limit is not considered as a factor except in France and Sweden. It is also worthwhile to note that while some studies find advanced paternal age to be having a negative impact on ART outcome, others are of opinion that it has no impact at all. In most cases, it is advised to do pre-implantation genetic testing for embryos creating using older father's sperm or aneuploidy screening of sperm cells taken from men of advanced age. As the ART Act mandates pre-implantation genetic testing for embryos, a significant part of the apprehensions pertaining to sperm health of older men stands allayed. These are some of the relevant aspects which could have been taken into consideration

¶654

W.P.(C) No.24058 of 2022 & con.cases

¶655

while fixing the upper age limit for availing ART services.

¶656

On the contention that the State cannot

¶657

regulate the reproductive choices of its citizens, it may be worthwhile to refer to Article 16(1) of the Universal Declaration of

¶658

Human Rights, extracted hereunder;

¶659

“ Article 16(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.”

¶660

In Suchita Srivastava (supra), the Apex Court held reproductive choice of women to be a

¶661

dimension of her personal liberty. The

¶662

contextually relevant portion of the judgment reads as under;

¶663

“22. There is no doubt that a woman's right to make reproductive choices is also a dimension of “personal liberty” as

¶664

W.P.(C) No.24058 of 2022 & con.cases

¶665

-72-

¶666

understood under Article 21 of the Constitution of India. It is important to recognise that reproductive choices can be exercised to procreate as well as to abstain from procreating. The crucial consideration is that a woman's right to privacy, dignity and bodily integrity should be respected. This means that there should be no restriction whatsoever on the exercise of reproductive choices such as a woman's right to refuse participation in sexual activity or alternatively the insistence on use of contraceptive methods. Furthermore, women are also free to choose birth control methods such as undergoing sterilisation procedures. Taken to their logical conclusion, reproductive rights include a woman's entitlement to carry a pregnancy to its full term, to give birth and to subsequently raise children. However, in the case of pregnant women there is also a “compelling State interest” in protecting the life of the prospective child. Therefore, the termination of a pregnancy is only permitted when the conditions specified in the applicable statute have been fulfilled. Hence, the provisions of the MTP Act, 1971 can also be viewed as reasonable restrictions that have been placed on the exercise of reproductive choices.”

¶667

W.P.(C) No.24058 of 2022 & con.cases

¶668

-73-

¶669

Later in K.S. Puttuswamy (supra), the Constitution Bench declared family, marriage, procreation and sexual orientation as integral to the dignity of an individual. Paragraph 298 of the judgment is extracted hereunder for easy reference;

¶670

“ 298 . Privacy of the individual is an essential aspect of dignity. Dignity has both an intrinsic and instrumental value. As an intrinsic value, human dignity is an entitlement or a constitutionally protected interest in itself. In its instrumental facet, dignity and freedom are inseparably intertwined, each being a facilitative tool to achieve the other. The ability of the individual to protect a zone of privacy enables the realisation of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. Privacy has not been couched as an independent fundamental right. But that

¶671

W.P.(C) No.24058 of 2022 & con.cases

¶672

does not detract from the constitutional protection afforded to it, once the true nature of privacy and its relationship with those fundamental rights which are expressly protected is understood. Privacy lies across the spectrum of protected freedoms. The guarantee of equality is a guarantee against arbitrary State action. It prevents the State from discriminating between individuals. The destruction by the State of a sanctified personal space whether of the body or of the mind is violative of the guarantee against arbitrary State action. Privacy of the body entitles an individual to the integrity of the physical aspects of personhood. The intersection between one's mental integrity and privacy entitles the individual to freedom of thought, the freedom to believe in what is right, and the freedom of selfdetermination. When these guarantees intersect with gender, they create a private space which protects all those elements which are crucial to gender identity. The family, marriage, procreation and sexual orientation are all integral to the dignity of the individual. Above all, the privacy of the individual recognises an inviolable right to determine how freedom shall be exercised. An individual may

¶673

W.P.(C) No.24058 of 2022 & con.cases

¶674

-75-

¶675

perceive that the best form of expression is to remain silent. Silence postulates a realm of privacy. An artist finds reflection of the soul in a creative endeavour. A writer expresses the outcome of a process of thought. A musician contemplates upon notes which musically lead to silence. The silence, which lies within, reflects on the ability to choose how to convey thoughts and ideas or interact with others. These are crucial aspects of personhood. The freedoms under Article 19 can be fulfilled where the individual is entitled to decide upon his or her preferences. Read in conjunction with Article 21, liberty enables the individual to have a choice of preferences on various facets of life including what and how one will eat, the way one will dress, the faith one will espouse and a myriad other matters on which autonomy and self-determination require a choice to be made within the privacy of the mind. The constitutional right to the freedom of religion under Article 25 has implicit within it the ability to choose a faith and the freedom to express or not express those choices to the world. These are some illustrations of the manner in which

¶676

W.P.(C) No.24058 of 2022 & con.cases

¶677

-76-

¶678

privacy facilitates freedom and is intrinsic to the exercise of liberty. The Constitution does not contain a separate article telling us that privacy has been declared to be a fundamental right. Nor have we tagged the provisions of Part III with an alpha-suffixed right to privacy: this is not an act of judicial redrafting. Dignity cannot exist without privacy. Both reside within the inalienable values of life, liberty and freedom which the Constitution has recognised. Privacy is the ultimate expression of the sanctity of the individual. It is a constitutional value which straddles across the spectrum of fundamental rights and protects for the individual a zone of choice and selfdetermination.”

¶679

(emphasis supplied)

¶680

Thus, the personal choice of individuals

¶681

to procreate and build family is held to be a facet of his/her fundamental right. This right is being restricted by fixing an upper age limit for availing ART services. While the State has the power to impose reasonable restrictions, such restriction can always be tested on the

¶682

W.P.(C) No.24058 of 2022 & con.cases

¶683

-77-

¶684

touchstone of liberty guaranteed under Article 21. It is now settled that legislative action can be challenged on the ground of lack of legislative competence, violation of fundamental rights or any other constitutional provision and manifest arbitrariness. In Shayara Bano v. Union of India [(2017) 9 SCC 1] , the Apex Court has termed 'manifest arbitrariness' as something done by the legislature capriciously, irrationally and/or without adequate determining principle. Also, when something is done which is excessive and disproportionate, such legislation would be manifestly arbitrary. At the same time, this Court has to be mindful of the principle of 'presumption of constitutionality of legislations'. On a careful balancing of the above principles, I find it difficult to hold the prescription of upper age limit in Section 21(g) to be so excessive and arbitrary as to warrant judicial interference. At the same time, I find

¶685

W.P.(C) No.24058 of 2022 & con.cases

¶686

-78-

¶687

the imposition of age restriction, without even a

¶688

transitional provision, to be irrational and arbitrary. As mentioned earlier, some of the petitioners were undergoing assisted reproductive technology services when the ART Act was introduced on 25.01.2022. The prohibition under Section 21(g), if understood to be preventing even continuance of ART services already commenced, would definitely amount to unreasonable and unjustified restriction on the reproductive choice of the commissioning couple and would militate against the liberty guaranteed under Article 21.

¶689

As rightly pointed out by the amicus

¶690

curiae , Section 5 of the Act confers the National Assisted Reproductive Technology and Surrogacy Board with the power to advice the Central Government on policy matters relating to

¶691

assisted reproductive technology. In my opinion, the impact of the prescription of upper age limit

¶692

W.P.(C) No.24058 of 2022 & con.cases

¶693

on the liberty of individuals is a matter which

¶694

the National Board should bring to the notice of the Central Government, so as to effectuate a detailed discussion on the subject and pave the way for necessary amendments.

¶695

Based on the above discussion, the following directions are issued;

¶696

(i) Those among the petitioners who were

¶697

undergoing ART services as on 25.01.2022 shall be permitted to continue their treatment.

¶698

(ii) The National Board shall alert the

¶699

Central Government about the need for having a re-look at the upper age limit prescribed in Section 21(g) of the Act.

¶700

(iii) The National Board shall also bring to

¶701

the notice of the Central Government the

¶702

requirement of including a transitional provision in the ART Act.

¶703

(iv) The above directions shall be complied

¶704

by the National Board within three months of

¶705

W.P.(C) No.24058 of 2022 & con.cases

¶706

receipt of a copy of this judgment.

¶707

to commence their ART treatment shall await the decision of the Central Government on the upper

¶708

age limit and the transitional provision.

¶709

approach this Court at a later stage, if so necessitated, is reserved.

¶710

I place on record my appreciation for the immense help rendered by the learned amicus

curiae .

Sd/-

V.G.ARUN

JUDGE

Scl/

W.P.(C) No.24058 of 2022 & con.cases

¶717

-81-

¶718

APPENDIX OF WP(C) 24058/2022

¶719

PETITIONER EXHI	BITS
Exhibit P1	TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
ExhibitP2	TRUE COPY OF THE AADHAAR CARD OF THE 2NDPETITIONER
Exhibit P3	TRUE COPY OF THE ORDER OF THE INSPECTOR GENERAL, STS BSF, BANGALORE NUMBERED AS EXT/STS/BSF/VOL RET VP/2021/21088-97 DATED 10.11.2021,
Exhibit P4	TRUE COPY OF THE ULTRA SOUND OBSTETRICS SCAN REPORT AND OTHER HOSPITAL RECORDS OF THE PETITIONERS OBTAINED FROM THE 7TH RESPONDENT HOSPITAL DATED 29.11.2021
Exhibit P5	TRUE COPY OF THE RELEVANT EXTRACT OF THE NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005
RESPONDENT EXHI	BITS
Exhibit R1(a)	Relevant extract of Report no. 129 of Rajya Sabha

¶720

W.P.(C) No.24058 of 2022 & con.cases

¶721

-82-

¶722

APPENDIX OF WP(C) 24508/2022

¶723

PETITION	ER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE AADHAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE 2ND PETITIONER, THAT WOULD SHOW HIS VISA STAMPING AND THE LAST ENTRY IN INDIA,
Exhibit	P4	TRUE COPY OF THE ULTRA SOUND OBSTETRICS SCAN REPORT AND OTHER HOSPITAL RECORDS DATED 13.09.2021 AND MEDICAL RECORDS DATED 23.09.2021 OF THE PETITIONERS, OBTAINED FROM THE 6TH RESPONDENT HOSPITAL
Exhibit	P5	TRUE COPY OF THE RELEVANT EXTRACT OF THE OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶724

W.P.(C) No.24058 of 2022 & con.cases

¶725

-83-

¶726

APPENDIX OF WP(C) 25078/2022

¶727

PETITIO	NER EXHIB	ITS
Exhibit	P1	TRUE COPY OF THE AADHAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAR CARD OF THE 2ND PETITIONER
Exhibit	P3(a)	TRUE COPY OF THE ULTRA SOUND OBSTETRICS SCAN REPORT DATED 17.06.2019 OF THE 1ST PETITIONER, OBTAINED FROM THE 6TH RESPONDENT HOSPITAL
Exhibit	P3(b)	TRUE COPY OF THE LABORATORY REPORT DATED 17.06.2019 OF THE 1ST PETITIONER, OBTAINED FROM THE 6TH RESPONDENT HOSPITAL
Exhibit	P3(c)	TRUE COPY OF THE ULTRA SOUND OBSTETRICS SCAN REPORT DATED 21.12.2019 OF THE 1ST PETITIONER, OBTAINED FROM THE 6TH RESPONDENT HOSPITAL
Exhibit	P3(d)	TRUE COPY OF THE LABORATORY REPORT DATED 21.12.2019 OF THE 1ST PETITIONER, OBTAINED FROM THE 6TH RESPONDENT HOSPITAL
Exhibit	P4	TRUE COPY OF THE ULTRA SOUND OBSTETRICS SCAN REPORT AND LABORATORY REPORT DATED 05.09.2020
Exhibit	P5	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005
Exhibit	P6	TRUE COPY OF THE DISCHARGE SUMMARY FROM ASTER MEDICITY KOCHI, ERNAKULAM DATED 30.08.2022

¶728

W.P.(C) No.24058 of 2022 & con.cases

¶729

-84-

¶730

APPENDIX OF WP(C) 26011/2022

¶731

PETITIO	NER EXHIB	ITS
Exhibit	P1	TRUE COPY OF THE AADHAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE OPERATION NOTES OF THE HYSTEROSCOPIC AND LAPAROSCOPIC MYOMECTOMY TREATMENT OF THE 1ST PETITIONER DATED 02.10.2013
Exhibit	P3(a)	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER DATED 03.10.2013 ISSUED BY RAJI NURSING HOME, CHEMBUKKAVU, THRISSUR
Exhibit	P4	TRUE COPY OF THE REPORT OF THE HYSTEROSCOPY AND LAPAROSCOPIC MYOMECTOMY CONDUCTED ON THE 1ST PETITIONER DATED 24.05.2016
Exhibit	P4(a)	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER DATED 28.05.2016 ISSUED BY THE CRAFT HOSPITAL & RESEARCH CENTRE, KODUNGALLUR, THRISSUR
Exhibit	P5	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER ISSUED BY CIMAR FERTILITY CENTRE, CHERANALLORE, EDAPALLY (VIA), KOCHI,
Exhibit	P6	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶732

W.P.(C) No.24058 of 2022 & con.cases

¶733

-85-

¶734

APPENDIX OF WP(C) 26035/2022

¶735

PETITIO	NER EXHIB	ITS
Exhibit	P1	TRUE COPY OF THE AADHAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE DETAILS OF THE TREATMENT AT PUTHENPURACKAL AYURVEDA PHARMACY, EDAMATTOM FROM 22.10.2018 TO 28.11.2019
Exhibit	P4(a)	TRUE COPY OF THE OBSTETRICS USG SCAN REPORT DATED 30.06.2022 AT THE 6TH RESPONDENT HOSPITAL
Exhibit	P4(b)	TRUE COPY OF THE LABORATORY REPORT DATED 30.06.2022 AT THE 6TH RESPONDENT HOSPITAL
Exhibit	P5	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶736

W.P.(C) No.24058 of 2022 & con.cases

¶737

-86-

¶738

APPENDIX OF WP(C) 26066/2022

¶739

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AADHAR CARD OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE AADHAR CARD OF THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE ULTRA SOUND OBSTETRICS SCAN REPORT AND THE LABORATORY REPORT DATED 12.09.2019 OF THE 1ST PETITIONER, OBTAINED FROM THE 6TH RESPONDENT HOSPITAL Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶740

W.P.(C) No.24058 of 2022 & con.cases

¶741

-87-

¶742

APPENDIX OF WP(C) 26559/2022

¶743

PETITIO Exhibit	NER EXHI P1	BITS TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE ULTRA SOUND PELVIC SCAN REPORT OF THE 1ST PETITIONER ISSUED BY THE 6TH RESPONDENT HOSPITAL DATED 16.08.2017
Exhibit	P4	TRUE COPY OF THE SEMEN ANALYSIS REPORT OF THE 2ND PETITIONER ISSUED BY THE 6TH RESPONDENT HOSPITAL DATED 16.08.2017
Exhibit	P5	TRUE COPY OF THE ISCHARGE SUMMARY FROM THE 6TH RESPONDENT HOSPITAL DATED 19.09.2017
Exhibit	P6	TRUE COPY OF THE REAL TIME B-MODE TAS - 3D/TVS/DOPPLER, ULTRASONOGRAPHY REPORT ISSUED BY THE MEDISERV DIAGNOSTICS, CALICUT DATED 18.04.2019
Exhibit	P7	TRUE COPY OF THE ULTRASOUND FOLLICULAR STUDY CONDUCTED AT CLEAR SCAN & DIAGNOSTIC CENTRE, KOTTAPARAMBA, KOZHIKODE - 1 DATED 09.11.2020
Exhibit	P8	TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE 6TH RESPONDENT HOSPITAL DATED 29.10.2021 OF THE PETITIONERS
Exhibit	P9	TRUE COPY OF THE LABORATORY REPORT OF THE 1ST PETITIONER DATED 18.02.2022 AT THE 6TH RESPONDENT HOSPITAL
Exhibit	P10	TRUE COPY OF THE OBSTETRICS ULTRA SOUND SCAN REPORT OF THE 1ST
		PETITIONER DATED 19.02.2022 AT THE 6TH RESPONDENT HOSPITAL
Exhibit	P11	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA'
		("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL

¶744

W.P.(C) No.24058 of 2022 & con.cases

¶745

-88-

¶746

RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶747

W.P.(C) No.24058 of 2022 & con.cases

¶748

-89-

¶749

APPENDIX OF WP(C) 26563/2022

¶750

PETITIO Exhibit	NER EXHIB P1	ITS TRUE COPY OF TEHE AADHAR CARD OF TEH 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAR CARD OF TEH 2ND PETITIONER
Exhibit	P3	TRUE COPY OF TEH DISCHARGE SUMMARY FROM LAKSHMI HOSPITAL DATED 30.08.2012 IN RESPECT OF THE PETITIONERS
Exhibit	P4	TRUE COPY OF THE DISCHARGE SUMMARY FROM INDIRA GANDHI CO-OPERATIVE HOSPITAL DATED 25.11.2013 IN RESPECT OF TEH PETITIONERS
Exhibit	P5	TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE 6TH RESPONDENT HOSPITAL DATED 12.05.2014
Exhibit	P6	TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE 6TH RESPONDENT HOSPITAL DATED 23.02.2015
Exhibit	P7	TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE 6TH RESPONDENT HOSPITAL DATED 01.10.2015
Exhibit	P8	TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE 6TH RESPONDENT HOSPITAL DATED 16.10.2018
Exhibit	P9	TRUE COPY OF THE OBSTETRICS USG SCAN REPORT DATED 25.05.2022 OF THE 1ST PETITIONER AT THE 6TH RESPONDENT HOSPITAL
Exhibit	P10	TRUE COPY OF THE LABORATORY REPORT DATED 25.05.2022 OF TEH 1ST PETITIONER AT THE 6TH RESPONDENT HOSPITAL
Exhibit	P11	TRUE COPY OF TEH RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶751

W.P.(C) No.24058 of 2022 & con.cases

¶752

-90-

¶753

APPENDIX OF WP(C) 27099/2022

¶754

PETITIO	NER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 15.06.2019 OF THE PETITIONERS
Exhibit	P4	TRUE COPY OF THE ULTRA SOUND SCAN OF ABDOMEN AND PELVIS CONDUCTED ON THE 1ST PETITIONER, ISSUED BY DR. SHAJI'S MRI AND MEDICAL RESEARCH CENTRE PVT. LTD., AT THE REFERENCE OF THE HOMOEOPATHIC DOCTOR DATED 22.04.2021
Exhibit	P5	TRUE COPY OF THE LABORATORY REPORT DATED 13.08.2022 OF THE 1ST PETITIONER, ISSUED BY THE KOKOORI LAPAROSCOPIC AND IVF CLINIC
Exhibit	P6	TRUE COPY OF THE CYTOLOGY REPORT OF THE 1ST PETITIONER, ISSUED BY CPC MEDICAL LABORATORY
Exhibit	P7	TRUE COPY OF THE LETTER OF THE DISTRICT CHIEF OF POLICE, KOZHIKODE CITY ISSUED ON 24.05.2022, AT THE RELIEVING THE 2ND PETITIONER
Exhibit	P8	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶755

W.P.(C) No.24058 of 2022 & con.cases

¶756

-91-

¶757

APPENDIX OF WP(C) 27188/2022

¶758

PETITIO	NER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE SUMMARY OF THE ART TREATMENT CONDUCTED ON THE PETITIONERS AT CIMAR FERTILITY CENTRE DATED 13.11.2018
Exhibit	P4	TRUE COPY OF THE REPORT OF EMBRYO TRANSFER DONE ON THE 1ST PETITIONER, AT THE CIMAR FERTILITY CENTRE, DATED 04.06.2019
Exhibit	P5	TRUE COPY OF THE REPORT OF DISCHARGE SUMMARY OF THE 1ST PETITIONER, AT THE CIMAR FERTILITY CENTRE, DATED 18.06.2019
Exhibit	P6	TRUE COPY OF THE LABORATORY REPORT OF THE 1ST PETITIONER, ISSUED BY THE MITERA HOSPITAL DATED 25.09.2019
Exhibit	P7	TRUE COPY OF THE LABORATORY REPORT OF THE 1ST PETITIONER, ISSUED BY THE MITERA HOSPITAL DATED 21.10.2019
Exhibit	P8	TRUE COPY OF THE LABORATORY REPORT OF THE 1ST PETITIONER, ISSUED BY THE MITERA HOSPITAL DATED 24.10.2019
Exhibit	P9	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶759

W.P.(C) No.24058 of 2022 & con.cases

¶760

-92-

¶761

APPENDIX OF WP(C) 27212/2022

¶762

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE AADHAAR CARD OF THE2ND PETITIONER Exhibit P3 TRUE COPY OF THE USG REPORT OF THE 1ST PETITIONER ISSUED BY THE WOMEN AND CHILDREN HOSPITAL, THYCAUD DATED 10.08.2017 Exhibit P4 TRUE COPY OF THE MEDICAL EXAMINATION REPORT OF THE 1ST PETITIONER ISSUED BY THE WOMEN AND CHILDREN HOSPITAL, THYCAUD DATED 23.08.2017 Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶763

W.P.(C) No.24058 of 2022 & con.cases

¶764

-93-

¶765

APPENDIX OF WP(C) 27216/2022

¶766

PETITIO	NER EXHI	BITS
Exhibit	P1	TRUE COPY OF THE AADHAAR CARD OF TEH 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AAHAAR CARD OF TEH 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 03.01.2021 BETWEEN THE PETITIONERS
Exhibit	P4	TRUE COPY OF THE ULTRA SOUND SCAN OF PELVIS CONDUCTED ON THE 1ST PETITIONER, AT THE 6TH RESPONDENT HOSPITAL, DATED 31.08.2021
Exhibit	P5	TRUE COPY OF THE FOLLICULAR MONITORING REPORT OF THE 1ST PETITIONER ISSUED BY THE 6TH RESPONDENT HOSPITAL
Exhibit	P6	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005
RESPOND	ENT EXHI	BITS
Exhibit	R1(A)	TRUE COPY OF THE RELEVANT EXTRACT OF REPORT NO. 129 OF THE RAJYA SABHA

¶767

W.P.(C) No.24058 of 2022 & con.cases

¶768

-94-

¶769

APPENDIX OF WP(C) 29282/2022

¶770

PETITIO Exhibit	NER EXHI P1	BITS TRUE COPY OF THE AADHAAR CARD OF TEH 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE ULTRA SOUND SCAN OF THE PELVIC REGION OF THE 1ST PETITIONER, CONDUCTED BY A COUNSULTANT RADIOLOGIST AND SONOLOGIST, DR. MILIND S GUNE, DATED 13.06.2003
Exhibit	P4	TRUE COPY OF THE DISCHARGE SUMMARY FROM THE MEDICAL COLLEGE HOSPITAL, THRISSUR, DATED 27.05.2005
Exhibit	P5	TRUE COPY OF THE LAB TEST RESULT AT CRAFT HOSPITAL AND RESEARCH CENTRE DATED 29.11.2007
Exhibit	P6	TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE BENZER NURSING HOME, ANDHERI, MUMBAI DATED 24.01.2010
Exhibit	P7	TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF THE ABDOMINAL REGION OF THE 1ST PETITIONER AT THE POLYCLINIC PRIVATE LIMITED, DATED 25.03.2011
Exhibit	P8	TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF THE PELVIC REGION OF THE 1ST PETITIONER AT THE ORIGIN INTERNATIONAL FERTILITY CENTRE, THANE, MAHARASHTRA, DATED 19.10.2012
Exhibit	P9	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE ORIGIN INTERNATIONAL FERTILITY CENTRE, THANE, MAHARASHTRA, DATED 28.11.2012
Exhibit	P10	TRUE COPY OF THE IVF/ICSI SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE ORIGIN INTERNATIONAL FERTILITY CENTRE, THANE, MAHARASHTRA, DATED 10.01.2013
Exhibit	P11	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE ORIGIN INTERNATIONAL FERTILITY CENTRE, THANE, MAHARASHTRA, DATED 15.01.2013

¶771

W.P.(C) No.24058 of 2022 & con.cases

¶772

-95-

¶773

Exhibit P12	TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF THE PELVIC REGION OF THE 1ST PETITIONER, CONDUCTED AT AMBERNATH DIAGNOSTIC CENTRE, AMBERNATH, MAHARASHTRA, DATED 04.07.2014
Exhibit P13	TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF THE PELVIC REGION OF THE 1ST PETITIONER, CONDUCTED AT THE BISHOP ALAPATT MISSION HOSPITAL, KRANCHIRA, KATTOOR, DATED 17.03.2016,
Exhibit P14	TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF THE ABDOMINAL REGION OF THE 1ST PETITIONER, CONDUCTED AT THE BISHOP ALAPATT MISSION HOSPITAL, KRANCHIRA, KATTOOR, DATED 17.10.2016
Exhibit P15	TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF THE UPPER ABDOMINAL REGION OF THE 1ST PETITIONER, CONDUCTED AT THE BISHOP ALAPATT MISSION HOSPITAL, KRANCHIRA, KATTOOR, DATED 16.11.2017
Exhibit P16	TRUE COPY OF THE ICSI PROTOCOL SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE KARE CENTRE: INFERTILITY TREATMENT CENTRE, THRISSUR, DATED 26.07.2018
Exhibit P17	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶774

W.P.(C) No.24058 of 2022 & con.cases

¶775

-96-

¶776

APPENDIX OF WP(C) 29646/2022

¶777

PETITIO Exhibit	NER EXH P1	IBITS TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 2ND PETITIONER ISSUED BY THE DAYA GENERAL HOSPITAL AND SPECIALTY SURGICAL CENTRE, THRISSUR DATED 02.12.2001
Exhibit	P4	TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF THE 1ST PETITIONER CONDUCTED AT THE SANTHI NURSING HOME, PUNNAYURKULAM, THRISSUR
Exhibit	P5	TRUE COPY OF THE MEDICAL RECORDS OF THE 2ND PETITIONER DATED 27.05.2020, ISSUED BY THE INFERTILITY TREATMENT CENTRE, DISTRICT HOMOEOPATHIC HOSPITAL, THRISSUR
Exhibit	P6	TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF THE ABDOMINAL REGION OF THE 2ND PETITIONER, CONDUCTED AT JEEVA SPECIALITY LABORATORY, THRISSUR, AT THE DIRECTION OF THE HOMOEOPATHIC PRACTITIONER OF THE JANANI PROGRAM, DATED 01.06.2020
Exhibit	P7	TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF THE ABDOMEN OF THE 1ST PETITIONER, CONDUCTED AT JEEVA SPECIALITY LABORATORY, THRISSUR DATED 01.06.2020
Exhibit	P8	TRUE COPY OF THE MEDICAL RECORDS OF THE 2ND PETITIONER DATED 28.10.2020, ISSUED BY THE INFERTILITY TREATMENT CENTRE, DISTRICT HOMOEOPATHIC HOSPITAL, THRISSUR
Exhibit	P9	TRUE COPY OF THE MEDICAL RECORDS OF THE 2ND PETITIONER DATED 23.12.2020, ISSUED BY THE INFERTILITY TREATMENT CENTRE, DISTRICT HOMOEOPATHIC

¶778

W.P.(C) No.24058 of 2022 & con.cases

¶779

-97-

¶780

	HOSPITAL, THRISSUR
Exhibit P10	TRUE COPY OF THE MEDICAL RECORDS OF THE 2ND PETITIONER DATED 17.02.2021, ISSUED BY THE INFERTILITY TREATMENT CENTRE, DISTRICT HOMOEOPATHIC HOSPITAL, THRISSUR,
Exhibit P11	TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF THE ABDOMINAL REGION OF THE 1ST PETITIONER, CONDUCTED AT JEEVA SPECIALITY LABORATORY, THRISSUR, AT THE DIRECTION OF THE HOMOEOPATHIC PRACTITIONER OF THE JANANI PROGRAM, DATED 15.03.2021
Exhibit P12	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005
Exhibit R1(a)	True copy of relevant extract of Report No. 129 presented to Rajya Sabha on 19.03.2021

¶781

W.P.(C) No.24058 of 2022 & con.cases

¶782

-98-

¶783

APPENDIX OF WP(C) 30545/2022

¶784

PETITIO	NER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF TEH DISCHARGE SUMMARY OF THE 1ST PETITIONER ISSUED BY THE LIFELINE SUPER SPECIALTY HOSPITAL, ADOOR, PATHANAMTHITTA DATED 24.12.2011
Exhibit	P4	TRUE COPY OF THE USG SCAN REPORT OF THE PELVIC REGION OF THE 1ST PETITIONER DATED 05.09.2019, ISSUED BY THE 4THRESPONDENT HOSPITAL,
Exhibit	P5	TRUE COPY OF THE SUMMARY OF THE IVF PROCEDURE CONDUCTED ON THE 1ST PETITIONER, BY THE 4TH RESPONDENT HOSPITAL, DATED 27.12.2019
Exhibit	P6	TRUE COPY COPY OF THE RELEVANT PAGE OF THE 2ND PETITIONER'S PASSPORT SHOWING THE IMMIGRATION STAMP DATED 21.09.2021
Exhibit	P7	TRUE COPY OF THE RELEVANT PAGE OF THE 2ND PETITIONER'S PASSPORT SHOWING THE IMMIGRATION STAMP DATED 29.08.2022
Exhibit	P8	TRUE COPY OF THE USG SCAN REPORT OF THE PELVIC REGION OF THE 1ST PETITIONER DATED 15.09.2022, ISSUED BY THE 4THRESPONDENT HOSPITAL
Exhibit	P9	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶785

W.P.(C) No.24058 of 2022 & con.cases

¶786

-99-

¶787

APPENDIX OF WP(C) 31769/2022

¶788

PETITIO Exhibit	NER EXHI P1	BITS TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER ISSUED BY THE NATIONAL HOSPITAL, KOZHIKODE DATED 18.04.2007
Exhibit	P4	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER ISSUED BY THE NATIONAL HOSPITAL, KOZHIKODE DATED 30.07.2008
Exhibit	P5	TRUE COPY OF THE DIAGNOSTIC REPORT OF THE 1ST PETITIONER, ISSUED BY THE PREMIER DIAGNOSTICS AND RESEARCH CENTRE, KOZHIKODE, DATED 01.08.2008
Exhibit	P6	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE ASIAN REPRODUCTIVE MEDICINE CENTRE,
		PUTHIYARA, KOZHIKODE, DATED 11.12.2011
Exhibit	P7	TRUE COPY OF THE TRANSVAGINAL SONOGRAPHY REPORT DATED 24.12.2012 OF THE 1ST PETITIONER, ISSUED BY RAJENDRA NURSING HOME, CALICUT
Exhibit	P8	TRUE COPY OF THE ULTRA SOUND SCAN REPORT DATED 19.06.2015 OF THE 1ST PETITIONER, ISSUED BY VINDHYA CLINICAL LAB, CALICUT
Exhibit	P9	TRUE COPY OF THE ULTRA SOUND SCAN REPORT DATED 11.09.2017 OF THE 1ST PETITIONER, ISSUED BY ORBITO ASIA LABS AND SCANS, CALICUT
Exhibit	P10	TRUE COPY OF THE MEDICAL PRESCRIPTION DATED 21.02.2018 ISSUED TO THE 1ST PETITIONER, BY DOCTOR AT ARC INTERNATIONAL FERTILITY AND RESEARCH CENTRE, CHENNAI
Exhibit	P11	TRUE COPY OF THE SALINE SONO HYSTEROGRAPHY REPORT DATED 10.03.2018

¶789

W.P.(C) No.24058 of 2022 & con.cases

¶790

-100-

¶791

	OF THE 1ST PETITIONER, ISSUED BY BABY MEMORIAL HOSPITAL LTD, KOZHIKODE
Exhibit P12	TRUE COPY OF THE THE FERTILITY HORMONAL ASSAY REPORT OF THE 1ST PETITIONER, ISSUED BY THE NAHA'S CENTRE FOR ASSISTED REPRODUCTION AND ENDOSCOPY, NAHAS HOSPITAL, MALAPPURAM, AND DATED 26.03.2019
Exhibit P13	TRUE COPY OF THE SUMMARY OF IVF PROCEDURE CARRIED OUT ON THE 1ST PETITIONER AT THE NAHA'S CENTRE FOR ASSISTED REPRODUCTION AND ENDOSCOPY, NAHAS HOSPITAL, MALAPPURAM, DATED 12.03.2019
Exhibit P14	TRUE COPY OF THE SUMMARY OF IVF PROCEDURE CARRIED OUT ON THE 1ST PETITIONER AT THE NAHA'S CENTRE FOR ASSISTED REPRODUCTION AND ENDOSCOPY, NAHAS HOSPITAL, MALAPPURAM, DATED 30.06.2020
Exhibit P15	TRUE COPY OF THE SUMMARY OF IVF PROCEDURE CARRIED OUT ON THE 1ST PETITIONER AT THE NAHA'S CENTRE FOR ASSISTED REPRODUCTION AND ENDOSCOPY, NAHAS HOSPITAL, MALAPPURAM, DATED 22.07.2021
Exhibit P16	TRUE COPY OF THE SUMMARY OF IVF PROCEDURE CARRIED OUT ON THE 1ST PETITIONER AT THE NAHA'S CENTRE FOR ASSISTED REPRODUCTION AND ENDOSCOPY, NAHAS HOSPITAL, MALAPPURAM, DATED 09.10.2021
Exhibit P17	TRUE COPY OF THE USG SCAN REPORT OF THE PELVIC REGION OF THE 1ST PETITIONER DATED 28.01.2022, ISSUED BY THE 4TH RESPONDENT HOSPITAL
Exhibit P18	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL
	RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF

¶792

W.P.(C) No.24058 of 2022 & con.cases

¶793

-101-

¶794

OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶795

W.P.(C) No.24058 of 2022 & con.cases

¶796

-102-

¶797

APPENDIX OF WP(C) 32268/2022

¶798

PETITIO	NER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE PRESCRIPTION ISSUED TO THE 1ST PETITIONER BY THE DOCTOR AT DR. LEELAMMA CLINIC IN DOHA, QATAR
Exhibit	P4	TRUE COPY OF THE PELVIC SCAN REPORT OF THE 1ST PETITIONER, ISSUED BY THE SAMAD IVF HOSPITAL, PATTOOR, THIRUVANANTHAPURAM, ON 18.09.2018
Exhibit	P5	TRUE COPY OF THE SUMMARY OF IVF PROCEDURE CONDUCTED ON THE 1ST PETITIONER AT THE 4TH RESPONDENT HOSPITAL, DATED 25.12.2019
Exhibit	P6	TRUE COPY OF THE FINAL REPORT OF THE PROCEDURES CONDUCTED ON 1ST PETITIONER AT THE WOMEN'S WELLNESS AND RESEARCH CENTER, QATAR, DATED 05.01.2020
Exhibit	P7	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶799

W.P.(C) No.24058 of 2022 & con.cases

¶800

-103-

¶801

APPENDIX OF WP(C) 32275/2022

¶802

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶803

W.P.(C) No.24058 of 2022 & con.cases

¶804

-104-

¶805

APPENDIX OF WP(C) 32329/2022

¶806

PETITIO Exhibit	NER EXHI P1	BITS TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER.
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE REPORT OF THE FOLLICULAR ULTRASOUND STUDY OF THE 1ST PETITIONER ISSUED BY THE AUREOLA MEDICAL CENTRE, MAVOOR ROAD, KOZHIKODE DATED 21.11.1997
Exhibit	P4	TRUE COPY OF THE REPORT OF THE FOLLICULAR ULTRASOUND STUDY OF THE 1ST PETITIONER ISSUED BY THE AUREOLA MEDICAL CENTRE, MAVOOR ROAD, KOZHIKODE DATED 18.12.1997
Exhibit	P5	TRUE COPY OF THE REPORT OF THE FOLLICULAR ULTRASOUND STUDY OF THE 1ST PETITIONER ISSUED BY THE AUREOLA MEDICAL CENTRE, MAVOOR ROAD, KOZHIKODE DATED 22.12.1997
Exhibit	P6	TRUE COPY OF THE MEDICAL RECORDS INDICATING THAT THE 1ST PETITIONER UNDERWENT LAPAROSCOPY ON 07.08.2000
Exhibit	P7	TRUE COPY OF THE LABORATORY REPORT OF THE HORMONAL TEST CONDUCTED ON THE 1ST PETITIONER AT THE ENDOCRINE LABORATORY AND CLINIC, PONKUNNAM, THRISSUR, DATED 07.08.2000
Exhibit	P8	TRUE COPY OF THE USG SCAN REPORT OF THE PELVIC REGION OF THE 1ST PETITIONER DATED 02.03.2020, ISSUED BY THE 4TH RESPONDENT HOSPITAL
Exhibit	P9	TRUE COPY OF THE ADVICE TO THE 1ST PETITIONER TO UNDERGO HYSTEROSCOPIC POLYPECTOMY, ISSUED BY THE 4TH RESPONDENT HOSPITAL, DATED 03.03.2020
Exhibit	P10	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA'

¶807

W.P.(C) No.24058 of 2022 & con.cases

¶808

-105-

¶809

("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶810

W.P.(C) No.24058 of 2022 & con.cases

¶811

-106-

¶812

APPENDIX OF WP(C) 33128/2022

¶813

PETITION	ER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE REPORT OF THE MYOMECTOMY CONDUCTED ON THE 1ST PETITIONER AT THE KARE HOSPITAL, DATED ON 11.06.2007
Exhibit	P4	TRUE COPY OF THE SUMMARY OF THE ICSI PROCEDURE CARRIED OUT ON THE 1ST PETITIONER, ISSUED BY THE KARE HOSPITAL, THRISSUR, ON 17.04.2008
Exhibit	P5	TRUE COPY OF THE MEDICAL ADVICE TO THE 1ST PETITIONER, ISSUED BY THE KARE HOSPITAL, THRISSUR, ON 17.04.2008
Exhibit	P6	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE 4TH RESPONDENT HOSPITAL, DATED 03.08.2021
Exhibit	P7	TRUE COPY OF THE SUMMARY OF IVF PROCEDURE CONDUCTED ON THE 1ST PETITIONER AT THE 4TH RESPONDENT HOSPITAL, DATED 23.11.2021
Exhibit	P8	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶814

W.P.(C) No.24058 of 2022 & con.cases

¶815

-107-

¶816

APPENDIX OF WP(C) 33165/2022

¶817

PETITIO Exhibit	NER EXHI P1	BITS TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE REPORT OF THE HYSTEROSCOPY CONDUCTED ON THE 1ST PETITIONER AT THE CRAFT HOSPITAL, DATED ON 09.04.2004
Exhibit	P4	TRUE COPY OF THE REPORT OF THE PELVISCOPY CONDUCTED ON THE 1ST PETITIONER AT THE CRAFT HOSPITAL, DATED ON 16.04.2004
Exhibit	P5	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE BABY MEMORIAL HOSPITAL, CALICUT, ON 02.12.2008
Exhibit	P6	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE ASIAN REPRODUCTIVE MEDICINE CENTRE, KOZHIKODE, ON 10.03.2011
Exhibit	P7	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE ASIAN REPRODUCTIVE MEDICINE CENTRE, KOZHIKODE, ON 19.09.2010
Exhibit	P8	TRUE COPY OF THE REPORT OF THE HYSTEROSCOPY CONDUCTED ON THE 1ST PETITIONER AT THE 4TH RESPONDENT HOSPITAL, DATED 14.03.2021
Exhibit	P9	TRUE COPY OF THE SUMMARY OF IVF PROCEDURE CONDUCTED ON THE 1ST PETITIONER AT THE 4TH RESPONDENT HOSPITAL, DATED 16.10.2021
Exhibit	P10	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY

¶818

W.P.(C) No.24058 of 2022 & con.cases

¶819

-108-

¶820

OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶821

W.P.(C) No.24058 of 2022 & con.cases

¶822

-109-

¶823

APPENDIX OF WP(C) 35095/2022

¶824

PETITION	ER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE CERTIFICATE OF MARRIAGE OF THE PETITIONERS DATED 16.12.2016
Exhibit	P4	TRUE COPY OF THE MEDICAL REPORT OF THE 1ST PETITIONER AT THE DR. MOLLY M DAS MEMORIAL TRUST V V CLINIC, ATTINGAL, DATED ON 13.07.2017
Exhibit	P5	TRUE COPY OF THE PRESCRIPTION FOR CONDUCTING VARIOUS TESTS, ISSUED BY THE CONSULTANT GYNECOLOGIST AT TALUK HOSPITAL, CHIRAYINKEEZHU, DATED 08.03.2021
Exhibit	P6	TRUE COPY OF THE SONOGRAPHY CONDUCTED ON THE ABDOMINAL REGION OF THE 1ST PETITIONER AT THE METRO SCANS AND LABORATORY, ATTINGAL, DATED 10.02.2020
Exhibit	P7	TRUE COPY OF THE LABORATORY REPORT, BASED ON THE TESTS CONDUCTED ON THE 2ND PETITIONER, DATED 10.02.2020
Exhibit	P8	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶825

W.P.(C) No.24058 of 2022 & con.cases

¶826

-110-

¶827

APPENDIX OF WP(C) 35582/2022

¶828

PETITIO	NER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE SUMMARY OF THE IVF PROCEDURE ISSUED BY THE CRAFT HOSPITAL, KODUNGALLUR, DATED 29.12.2011
Exhibit	P4	TRUE COPY OF THE ULTRA SOUND SCAN OF THE 1ST PETITIONER AT THE 4TH RESPONDENT HOSPITAL, DATED ON 08.12.2015
Exhibit	P5	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE 4TH RESPONDENT HOSPITAL, DATED 20.12.2015
Exhibit	P6	TRUE COPY OF THE SEMEN ANALYSIS REPORT OF THE 2ND PETITIONER, ISSUED BY THE 4TH RESPONDENT HOSPITAL, DATED 11.03.2016
Exhibit	P7	TRUE COPY OF THE REPORT OF THE SCAN CONDUCTED ON THE 1ST PETITIONER, AT MITERA HOSPITAL, KOTTAYAM, DATED 08.11.2021
Exhibit	P8	TRUE COPY OF THE REPORT OF THE BLOOD TEST CONDUCTED ON THE 1ST PETITIONER, AT MITERA HOSPITAL, KOTTAYAM, DATED 02.12.2021
Exhibit	P9	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶829

W.P.(C) No.24058 of 2022 & con.cases

¶830

-111-

¶831

APPENDIX OF WP(C) 35841/2022

¶832

PETITIO	NER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE AADHAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER ISSUED BY THE SAMAD IVF HOSPITAL, PATTOOR, THIRUVANANTHAPURAM, THAT ALSO SUMMARIZES PREVIOUS TREATMENTS, DATED ON 20.02.2016
Exhibit	P4	TRUE COPY OF THE ADVICE FOR IVF PROCEDURE AND THE RECEIPT OF PAYMENT, ISSUED BY SAMAD IVF HOSPITAL, PATTOOR, THIRUVANANTHAPURAM, DATED 01.10.2016
Exhibit	P5	TRUE COPY OF THE REPORT OF THE ULTRASOUND SCAN CONDUCTED ON THE 1ST PETITIONER, AT THE 4TH RESPONDENT HOSPITAL, DATED 06.12.2021
Exhibit	P6	TRUE COPY OF THE REPORT OF THE BLOOD TEST CONDUCTED ON THE 1ST PETITIONER, AT THE 4TH RESPONDENT HOSPITAL, DATED 06.12.2021
Exhibit	P7	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶833

W.P.(C) No.24058 of 2022 & con.cases

¶834

-112-

¶835

APPENDIX OF WP(C) 35900/2022

¶836

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE VILANJOOR SREE BHAGAVATHI TEMPLE TRUST (PVT) DATED 06.07.2019 Exhibit P4 TRUE COPY OF THE ULTRA SOUND SCAN OF THE 1ST PETITIONER AT THE DIAL SCANS, ALAPPUZHA, DATED ON 01.06.2020 Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

¶837

W.P.(C) No.24058 of 2022 & con.cases

¶838

-113-

¶839

APPENDIX OF WP(C) 35922/2022

¶840

PETITIO	NER EXHI	BITS
Exhibit	P1	TRUE COPY 1ST PETITI	OF THE AADHAR CARD OF TEH ONER
Exhibit	P2	TRUE COPY 2ND PETITI	OF THE AADHAR CARD OF THE ONER
Exhibit	P3	TRUE COPY 1ST PETITI HOSPITAL, 28.08.2017	OF THE DISCHARGE CARD OF THE ONER ISSUED BY THE SBM KARUNAGAPPALLY, DATED
Exhibit	P4	TRUE COPY ISSUED TO AYURVEDIC 02.07.2018	OF THE MEDICAL PRESCRIPTION THE 1ST PETITIONER BY THE PRACTITIONER, DATED
Exhibit	P5	TRUE COPY ISSUED TO AYURVEDIC 29.07.2018	OF THE MEDICAL PRESCRIPTION THE 1ST PETITIONER BY THE PRACTITIONER, DATED
Exhibit	P6	TRUE COPY ISSUED TO AYURVEDIC 11.09.2018	OF THE MEDICAL PRESCRIPTION THE 1ST PETITIONER BY THE PRACTITIONER, DATED
Exhibit	P7	TRUE COPY ISSUED TO AYURVEDIC 12.11.2018	OF THE MEDICAL PRESCRIPTION THE 1ST PETITIONER BY THE PRACTITIONER, DATED
Exhibit	P8	TRUE COPY ISSUED TO AYURVEDIC 26.12.2018	OF THE MEDICAL PRESCRIPTION THE 1ST PETITIONER BY THE PRACTITIONER, DATED
Exhibit	P9	TRUE COPY CONDUCTED THE 4TH RE 07.06.2021	OF THE REPORT OF THE SCAN ON THE 1ST PETITIONER, AT SPONDENT HOSPITAL, DATED
Exhibit	P10	TRUE COPY ANALYSIS T PETITIONER HOSPITAL,	OF THE REPORT OF THE SEMEN EST CONDUCTED ON THE 2ND , AT THE 4TH RESPONDENT DATED 07.06.2021
Exhibit	1 P11	TRUE COPY TREATMENT RESPONDENT	OF THE SUMMARY OF THE IVF CONDUCED AT THE 4TH HOSPITAL, DATED 16.10.2021

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Exhibit1 P12 TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER ISSUED BY THE 4TH RESPONDENT HOSPITAL, DATED 04.12.2021 Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

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APPENDIX OF WP(C) 36347/2022

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PETITIO Exhibit	NER EXHI P1	BITS TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 08/11/2022 OF THE PETITIONERS.
Exhibit	P2	TRUE COPY OF THE DEATH CERTIFICATE DATED 08/11/2022 OF THE PETITIONER'S DAUGHTER.
Exhibit	P3	TRUE COPY OF THE VARIOUS LAB REPORTS AND TREATMENT BILL OF THE PETITIONERS.
Exhibit	P4	TRUE COPY OF THE ART TREATMENT SUMMARY DATED 22/09/2021 ISSUED BY AMRITA FERTILITY CENTER.
Exhibit	P5	TRUE COPY OF THE DISCHARGE SUMMARY DATED 02/11/2021 OF THE 2ND PETITIONER FROM THE GYNECOLOGY DEPARTMENT OF AMRITA INSTITUTE OF MEDICAL SCIENCE & RESEARCH CENTER.
Exhibit	P6	TRUE COPY OF THE DISCHARGE SUMMARY DATED 15/11/2021 ISSUED TO THE 2ND PETITIONER FROM THE GYNECOLOGY DEPARTMENT OF AMRITA INSTITUTE OF MEDICAL SCIENCE & RESEARCH CENTER.
Exhibit	P7	TRUE COPY OF THE PELVIC SCAN REPORT DATED 21/01/2022 ISSUED TO THE 2ND PETITIONER FROM AMRITA INSTITUTE OF MEDICAL SCIENCE & RESEARCH CENTER.
Exhibit	P8	TRUE COPY OF THE NOTIFICATION DATED 20/01/2022 BEARING NO. S.O. 291(E) PASSED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE.
Exhibit	P9	TRUE COPY OF THE GAZETTE NOTIFICATION DATED 18/12/2021 OF THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) ACT, 2021.
Exhibit	P10	TRUE COPY OF THE RELEVANT PAGES OF THE GAZETTE NOTIFICATION, BEARING NO. G.S.R. 419 (E) DATED 07/06/2022 PASSED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE.
Exhibit	P11	TRUE COPY OF THE NOTIFICATION DATED 20/06/2022 BEARING NO. G.O(P)NO.25/2022/H&FWDD.

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APPENDIX OF WP(C) 37145/2022

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PETITION	ER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER
Exhibit	P2	TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER
Exhibit	P3	TRUE COPY OF THE ENDOCRINOLOGY REPORT OF THE 1ST PETITIONER AT THE CIMAR HOSPITAL, EDAPPAL, MALAPPURAM, DATED ON 13.07.2016
Exhibit	P4	TRUE COPY OF THE ENDOCRINOLOGY REPORT OF THE 1ST PETITIONER AT THE CIMAR HOSPITAL, EDAPPAL, MALAPPURAM, DATED ON 19.11.2016,
Exhibit	P5	TRUE COPY OF THE ENDOCRINOLOGY REPORT OF THE 1ST PETITIONER AT THE CIMAR HOSPITAL, EDAPPAL, MALAPPURAM, DATED ON 21.11.2017
Exhibit	P6	TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005

Reema v. Vs Union of India

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Reema v. Vs Union of India

Case brief

What is this about?

What did the court decide?

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