Delhi HC seeks reponse of Centre on plea challenging appointment of Expert Member (Embryologist) of National Surrogacy and ART Board
Aug 09, 2023
New Delhi [India], August 9 : The Delhi High Court on Wednesday issued notice to the Central government to file a response in a Public Interest Litigation (PIL) challenging the appointment of Dr Nitiz Murdia as an Expert Member (Embryologist) of the National Surrogacy and ART Board set up under the Surrogacy and ART Act.
The plea stated that the appointment is said to have been made without the respondent possessing the requisite eligibility criteria and in violation of statutory rules.
Dr Nitiz Murdia whose appointment is under challenge is a trained chemical engineer with no degree in embryology/15 years of experience as is required by the rules appointing the expert member of the national board, stated the plea.
The Bench headed by Justice Satish Chander Sharma sought a response of the Central Government through the Ministry of Health and Family Welfare.
The Petitioner Dr Aniruddha Narayan Malpani, an IVF specialist represented by Advocate Mohini Priya and Advocate Ivan stated that according to the Section 17(2)(f) of the Surrogacy (Regulation) Act, 2021, the Expert members of the National Board should consist of an “eminent embryologist”.
On June 16, 2022, The National Assisted Reproductive Technology and Surrogacy Board (Appointment of Expert Members by Nominating) Rules, 2022 were published in Notification in the Gazette of India, published by the Ministry of Health and Family Welfare, Government of India, as per powers conferred under Section 52 of the Surrogacy (Regulation) act, 2021 and Section 44 of the Assisted Reproductive Technology Act, 2021, laying down the criteria for an Expert Member of the National Board, stated the plea.
