The court ruled that the 48-hour period for reserving a child in adoption should start from the receipt of the medical report, emphasizing the violation of natural justice in the debarment process.

JUDGMENT :

C.S.Dias, J.

Justice P.N. Bhagwati, who spoke for the bench in the celebrated case of Lakshmi Kant Pandey v. Union of India [(1984) 2 SCC 244], wherein the Hon’ble Supreme Court laid down normative and procedural safeguards for inter-country adoptions, cited John Milton’s words from Paradise Regained: “Child shows the man as morning shows the day.” The quote summarises the significance of a child in a man’s life.

2. The petitioner and his wife are the proud parents of a five-year-old adopted son. In their desire to give companionship for their son and have a daughter in their life, on 02.02.2021, they got registered on the designated portal of the Central Adoption Resource Agency ? the 2nd respondent ? named Child Adoption Resource Information and Guidance System (abbreviated as ‘CARINGS’). The petitioner was assigned with registration No. PrKA185999522. Recently, the 2nd respondent sent the petitioner the profiles of two children from Maharashtra and Karnataka. As the petitioner is a resident of Kerala, he believed that if he is referred to a child from Kerala, it would be easier to complete the adoption process. Accordingly, the petitioner chose to defer the acceptance of the first two referrals. On 11.11.2024 at 10. p.m., the 2nd respondent sent Ext.P1 E-mail referring the profile of a third child. The petitioner was instructed to log in to the CARINGS platform and reserve the child within 48 hours. As this was the third referral, it was necessary for the petitioner to accept the child. However, the child’s medical examination report was not accessible on CARINGS. The petitioner promptly sent Ext.P2 email to the Specialised Adoption Agency, where the child resided, requesting the medical examination report. The petitioner received the medical examination report via Ext.P3 E-mail on 12.11.2024 by 5.58 p.m. After reviewing both the child study report and the medical examination report, the petitioner intended to reserve the child. Nonetheless, before the petitioner could complete the process, on 14.11.2024 at 09.36 a.m., the petitioner received Ext.P4 E-mail from the 2nd respondent indicating that the child’s profile was removed from the petitioner’s page. Following this, the petitioner sent Exts.P5 to P10 emails to the 2nd respondent, explaining the reason that precluded him from reserving the child’s profile within 48 hours from Ext.P1 E-mail. Shockingly, the 3rd respondent sent Ext.P11 reply, stating that, since the petitioner had failed to reserve any of the three children referred to him, he and his wife were debarred for one year and, thereafter, they would be eligible for fresh registration as contemplated under Regulation 9(3) of the Adoption Regulations, 2022 (‘Regulations’, for brevity). A reading of Ext.P11 order establishes that the 3rd respondent has passed the same without any application of mind. It is critical to note that the 48-hour period should have been calculated only from the time the petitioner received the child’s medical examination report as per Ext.P3 E-mail, which is a mandatory document as per Regulation 11 (17). Respondents 2 and 3 have failed to consider this crucial aspect. Exts.P4 and P11 are illegal and arbitrary. Hence, the orders may be quashed, and the petitioner may be given another opportunity to adopt a child.

3. Heard; Sri. Abhilash. K.N, the learned counsel for the petitioner and Sri. T.C. Krishna, the learned Deputy Solicitor General of India for the respondents.

4. The learned Counsel for the petitioner assiduously argued that the actions of respondents 2 and 3 were arbitrary and high-handed. The petitioner and his family have been agonisingly waiting to adopt a child for the last four years. It is only because the medical examination report was not available on CARINGS that the petitioner could not exercise his option to reserve the profile of the referred child. The 48 hours can only be calculated from 17:58 hours of 12.11.2024, i.e., from Ext.P3 E-mail. Respondents 2 and 3