APEKSHITA KALA & ANR. vs DISTRICT MEDICAL BOARD & ANR.

Judgment text excerpt

$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 10.11.2025 + W.P.(C) 16795/2025 APEKSHITA KALA & ANR. .....Petitioner Through: Mr. Vikas Kumar, Advocate. versus DISTRICT MEDICAL BOARD & ANR. .....Respondents Through: Ms. Harshita Nathrani, Advocate. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (ORAL) 1. The present petition has been filed by the petitioners, who are a married couple residing in Kamloops, British Columbia, Canada. It is submitted that the petitioners got legally married on 10.02.2015 and have no biological children. The petitioners have been working and residing in Canada since 2022. 2. The petitioners filed an application dated 20.08.2024 before the District Medical Board, South District, Delhi seeking a ‘Certificate of Medical Indication for Gestational Surrogacy’ under Section 4(iii)(a)(I) of the Surrogacy (Regulation) Act, 2021 read with Rule 14 (a) of the Surrogacy (Regulation) Rules, 2022. 3. Alongside, they also filed an application seeking permission to attend the Board’s proceeding through virtual hearing under Section 5(3) and 5(4)(a) of the Surrogacy (Regulation) Act, 2023. Signature Not Verified Digitally Signed W.P.(C) 16795/2025 Page 1 of 5 By:UMANG Signing Date:17.11.2025 17:56:04 4. Learned counsel for the petitioners have expressed difficulty in appearing physically due to their residence and employment in Canada, citing logistical difficulties in obtaining urgent leave approvals and high costs of international travel at short notice. However, the respondent no.1 (District Medical Board) issued a meeting notice dated 24.10.2024 directing the petitioners to be physically present before the District Medical Board on 04.11.2024. The petitioners via e-mail dated 28.10.2024 reiterated their request to appear vi