10.09.2026 Court No.25 D/L No.18 S. Gayen In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 24238 of 2026 Mrs. Mousumi Pal & Anr. Versus The State of West Bengal & Ors. Ms. Pampa Dey (Dhabal) Mr. Biswarup Chatterjee …for the Petitioners Mr. Srijib Chakraborty Mr. Sunny Nandy …for the State 1. Affidavit of service filed in Court today is taken on record. 2. The petitioners have filed the present writ application praying for a direction upon the respondent No.4 to provide the petitioners with all the necessary permission to avail the Assisted Reproductive Technology (ART) through IVF procedure upon obtaining sperm and ovum from concerned bank in terms of the provisions of the Assisted Reproductive Technology (Regulation) Act, 2021. 3. Learned counsel appearing for the petitioners submits that the petitioner No.1, wife is 41 years of age and the petitioner No.2, husband is aged about 55 years. The IVF clinic has advised to obtain an order from this Court to go for the IVF treatment. The petitioners have filed a representation to the Health Secretary, Department of Health and Family Welfare as well as the appropriate authority of the Department of Health and 2 Family Welfare seeking a permission to undergo ART procedure through IVF with gamete donation. 4. This Court finds that the petitioners have already made representation before the competent authority of the State. As such, the competent authority has to decide whether the permission can be granted to the petitioners or not. 5. In view of the above, the writ petition is disposed of by directing the Principal Secretary, Department of Health and Family Welfare, Government of West Bengal to consider the representation submitted by the petitioners dated July 28, 2026 after giving an opportunity of hearing to the petitioners and to pass appropriate order within a period of three weeks from the date of receipt of this order. 6. The petitioner is at liberty to place the judgment passed by this Court in connection with the permission granted for the IVF procedure. 7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 8. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)