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2025 DAILYLAW 2820 (UTT)

M/S LIFE HEALTH CARE v. DIRECTORGENERAL MEDICAL HEALTHAND FAMILY WELFARE GOVERNMENT OF UTTARAKHAND

WPMB/37/2025 · 2025-07-15

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:6130-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (M/B) No. 37 of 2025 15th July, 2025 M/s Life Health Care ………..Petitioner Versus Director General Medical Health and Family Welfare Government Of Uttarakhand Dehradun and others …….Respondents ---------------------------------------------------------------------- Presence:- Mr. Pradeep Joshi, learned counsel for the petitioner. Mr. B.S. Parihar, learned Addl. C.S.C. for the State. ---------------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar C. J.) 2. The case is mentioned for out of turn hearing, as it relates to a medical equipment, the supply of which has been stalled on account of an interim order granted by this Court on 21.02.2025. 3. Today, the learned State counsel submits that, as per instructions received, the Medical Device Rules, 2017 notified on 31.01.2017 by the Ministry of Health and Family Welfare, Government of India, stipulates that, if a device is intended to be used in combination with another device, the classification rules shall apply separately to each device. Furthermore, accessories are to be classified 2025:UHC:6130-DB 2 independently from the devices with which they are used. 4. The learned counsel for the petitioner fairly admits that the petitioner does not possess a certificate issued by the Central Drugs Standard Control Organization. 5. In that view of the matter, the reliefs prayed for cannot be granted. 6. Accordingly, the writ petition is rejected. (G. NARENDAR, C. J.) (ALOK MAHRA, J.) Dated: 15.07.2025 Mamta