Delhi High Court Issues Notice On PIL Challenging Dr Nitiz Murdia's Appointment As Expert Member Of National ART & Surrogacy Board

The Delhi High Court on Wednesday issued notice on a public interest litigation challenging the appointment of Dr. Nitiz Murdia (Embryologist) as an expert member of the National Assisted Reproductive Technology and Surrogacy Board.

A division bench of Chief Justice Satish Chandra Sharma and Justice Saurabh Banerjee sought response of the Union Ministry of Health and Family Welfare and Murdia whose appointment was notified in August last year.

The PIL has been filed by Dr. Aniruddha Narayan Malpani, a reproductive healthcare professional, who has alleged that there is no proof that Murdia holds requisite qualification of at least 15 years as an “Embryologist” which is required to be an expert member of the Board.

Malpani had filed an RTI seeking information regarding Murdia’s appointment. The reply to the RTI application stated that Murdia holds a Ph.D. from California Public University in "Embryology, IVF Health and Business" and possesses 17 years of experience as Chief Embryologist.

An appeal was then moved by Malplani seeking copies of Murdia's Embryology degree and appointment letter. However, no reply was received by her.

Apart from challenging the appointment, Malpani has also sought copies of Murdia's embryology degree and appointment letter, to understand the basis of his appointment as an expert in the Board.

“…Respondent no. 2 (Murdia) has on the basis of false and misleading information obtained the appointment, clearly indicating that he has usurped a public office without possessing the requisite qualifications and training required under the Surrogacy(Regulation) Act, 2021 and the Assisted Reproductive Technologies Act, 2021 and the Rules made thereunder,” the plea contends.

Malplani is represented by Advocate Mohini Priya.

Title: Dr. Aniruddha Narayan Malpani v. The Union of India & Anr.