1 / 3 2025:CGHC:53584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5710 of 2025 1. Dr. Akanksha Sahu W/o Dr. Ajay Kumar Sahu Aged About 35 Years R/o Ward No. 03, Sanjay Nagar Road, Nayapara, Balod, District Balod C.G. 2. Dr. Ajay Kumar Sahu S/o Shri Jitendra Kumar Sahu Aged About 35 Years R/o Ward No. 03, Sanjay Nagar Road, Nayapara, Balod, District Balod C.G. ... Petitioners versus 1. Union Of India Through The Secretary, Department Of Health Research Ministry Of Health And Family Welfare, Government Of India, 2nd Floor, IRCS Building 1 , Red Cross Road, New Delhi. 2. National Assisted Reproductive Technology And Surrogacy Board, Through The Chairperson, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi. 3. State Of Chhattisgarh Through The Secretary Department Of Health And Family Welfare, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur C.G. 4. State Of Chhattisgarh Through The Director, Directorate Of Health Services Swasthya Bhawan, Sector-19, Nava Raipur, Atal Nagar, Distirct Raipur C.G. 5. Nodal Officer PCPNDT, ART Act, Directorate Of Health Services Swasthya Bhawan, Sector-19, Nava Raipur, Atal Nagar, Distirct Raipur C.G. 6. Birla Fertility And I V F (A Unit Of C K Birla Health Care Pvt. Ltd.), 3rd Floor, Plot No. 01, Sheet No. 08, Kali Mata Ward No. 11, Main Road Pandri, Raipur, District Raipur C.G. 7. Nova I V F Fertility, A Unit of Rhea Health Care Pvt. Ltd., Dainik Bhaskar Complex, Rajbandha Maidan, Raipur, District Raipur C.G ... Respondents For Petitioners : Mr. Aniruddh Shrivastava, Advocate on behalf of Mr. J.N.Nande, Advocate For Resp. 1 & 2/Union of India For Resp.-State : : Ms. Anmol Sharma, Cental Govt. counsel Ms. Upasna Mehta, Govt. Advocate PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 03/11/2025 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, the Hon'ble Court may kindly be pleased to issue a Writ of Mandamus directing the Respondent Authorities to forthwith facilitate, permit, and ensure safe transfer of the Petitioners' four (04) cryopreserved embryos from Respondent No. 07-Nova IVF Fertility, Raipur (now closed) to Respondent No. 06 Birla Fertility & IVF, Raipur, in accordance with the Petitioners' consent affidavit dated 12/05/2025, within a time-bound period as fixed by this Hon'ble Court, in the interest of justice. 10.2 That, the Hon'ble Court may kindly be pleased to issue a direction to the Respondent No. 07 to immediately hand over the Petitioners' embryos, stored in its facility, to either the Petitioners, their duly authorized representative, or directly to Respondent No. 06 center in preferential basis without waiting for any "bulk transfer" process, ensuring no tampering or damage, for the furtherance of justice. 10.3 That, the Hon'ble Court may kindly be pleased to issue appropriate directions to Respondent Nos. 01 & 02 to frame and enforce clear Standard Operating Procedures (SOPs) to govern urgent and independent shifting of embryos/gametes in cases of closure or discontinuance of ART Clinics, so as to prevent recurrence of such hardships to other patients, in the interest of justice. 10.4 That, the Hon'ble Court may kindly be pleased to issue appropriate writ/directions to Respondent Authorities directing them to form law/rule/regulation or guidelines in respect of such matters of Transfer of cryopreserved embryos and to institute a to govern urgent and independent shifting of embryos/gametes in cases of closure or discontinuance of ART Clinics/Centers, so as to prevent recurrence of such hardships to other patients; without waiting for any "bulk transfer" process, ensuring no tampering or damage, for the furtherance of justice. 10.5 Any other relief/relief's which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case with cost of the petition may also please be granted to the petitioner, in the interest of justice.” 3 / 3 2. During course of arguments, learned counsel for Respondents No. 1 and 2 submits that petitioner has not submitted requisite application in a prescribed formate and therefore the claim of petitioner could not be considered. She also submits that according to the information gathered, petitioner has only forwarded a mail making request which is not sufficient. Under Section 29 of the Assisted Reproductive Technology (Regulation) Act, 2021 and amendment Rules, prescribed formate is also provided. She further submits that if petitioner submits application in prescribed formate, it will be considered in accordance with law. 3. Learned counsel for petitioner submits that in view of submission made by learned counsel for Respondents No. 1 and 2, he may be permitted to withdraw this writ petition at this stge with liberty to file appropriate application in the prescribed formate as submitted by learned counsel for Respondent No. 1 and 2. He, however, submits that looking to the urgency in the facts of the case, concerned respondents be directed to consider and decide the application to be submitted by petitioner within specific time frame. 4. I have heard learned counsel for the respective parties. 5. Having considered the submission made by learned counsel for the parties and also considering that the petitioner has not approached the concerned authority by submitting appropriate application in the prescribed formate, this writ petition at this stage is disposed of, permitting the petitioner to submit application in the prescribed formate and in the event petitioner submits such an application, Respondents No. 1 and 2 shall consider and decide the same in accordance with law within a further period of 02 weeks from the date of receipt of such application. 6. Accordingly, writ petition stands disposed of in above terms. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE