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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 6556/2025 CNR: RJHC020366112025 | URN: CW / 15337U / 2025

1. Dr. Arvind Mathur S/o Shri Sobhag Narayan Mathur, Aged About

56 Years, Resident of A-65, Sobhag House, Anand Vihar, Jagatpura, Jaipur, At Present Posted As Senior Veterinary officer, Nahargarh Biological Park, Jaipur.

2. Smt. Shweta Saxena W/o Dr Arvind Mathur, Aged About 48 Years, Resident of A-65, Sobhag House, Anand Vihar, Jagatpura, Jaipur.

----Petitioners Versus

1. Union of India, Through Principal Secretary, Ministry of Health And Family Welfare, Govt. of India, New Delhi.

2. Joint Secretary, Ministry of Health And Family Welfare, Govt. of India, New Delhi.

3. The State of Rajasthan, Through Principal Secretary, Medical And Health, Govt. of Rajasthan, Secretariat, Jaipur ----Respondents Connected With D.B. Civil Writ Petition No. 2224/2023 CNR: RJHC020091692023 | URN: CW / 4313U / 2023

1. Rakesh Babu Jaiswal S/o Shri Gulab Chand Jaiswal, Aged About 56 Years, Resident of Bhajuka Mohalla, Dausa (Rural), District Dausa, Rajasthan-303303.

2. Geeta Devi W/o Rakesh Babu Jaiswal, Aged About 41 Years, Resident of Bhajuka Mohalla, Dausa (Rural), District Dausa, Rajasthan-303303.

----Petitioners Versus

1. Union of India, Through Its Secretary, Ministry of Health And Family Welfare, Shastri Bhawan, New Delhi.

2. The State of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Secretariat, Jaipur.

3. The Superintendent, Mahila Chikatsalya, Sanganeri Gate, Jaipur.

----Respondents D.B. Civil Writ Petition No. 17086/2026 CNR: RJHC020834242026 | URN: CW / 35720U / 2026

1. Bhawana Chaturvedi W/o Pradeep Kumar Sharma, Aged About 51 Years, Resident of House No. 1483, Loharo Ki Gali, Choura Rasta, Near Kc Printers, Jaipur, Rajasthan-302003.

2. Pradeep Kumar Sharma S/o A.k. Sharma, Aged About 52 Years, Resident of House No. 1483, Loharo Ki Gali, Choura Rasta, Near Kc Printers, Jaipur, Rajasthan-302003.

----Petitioners Versus

1. Union of India, Through Principle Secretary, Ministry of Health And Family Welfare Government of India, Mirman Bhawan, New Delhi.

2. Joint Secretary, Ministry of Health And Family Welfare Government of India, Mirman Bhawan, New Delhi.

3. The State of Rajasthan, Through Principle Secretary, Medical And Health, Government of Rajasthan, Secretariat, Jaipur.

----Respondents D.B. Civil Writ Petition No. 17121/2026 CNR: RJHC020820082026 | URN: CW / 35787U / 2026

1. Tirth Raj S/o Lal Chand, Aged About 63 Years, Resident of Plot No. 50, Veer Savarkar Nagar, Alwar, Alwar, Po- Alwar, Dist-

Alwar, Rajasthan- 301001.

2. Smt. Asha Rani W/o Dr. Tirth Raj, Aged About 48 Years, Resident of Plot No. 50, Veer Savarkar Nagar, Alwar, Po- Alwar, Dist- Alwar, Rajasthan, 301001.

----Petitioners Versus

1. Union of India, Through Principal Secretary, Ministry of Health And Family Welfare, Govt. of India, New Delhi.

2. Joint Secretary, Ministry of Health And Family Welfare, Govt. of India, New Delhi.

3. The State of Rajasthan Through Principal Secretary, Medical And Health, Govt. of Rajasthan, Secretariat, Jaipur.

----Respondents For Petitioner(s) : Mr. R.B. Mathur, Sr. Adv. Assisted by Mr. Utsav Verma, Mr. Manish Bhodiwal Mr. Falak Mathur Mr. Yug Singh Mr. Salim Khan Gori Mr. Nikhil Simlote Mr. Y. K. Sharma Mr. Arvind Kumar Arora Mr. Anil Kumar Jain For Respondent(s) : Mr. Bharat Vyas, ASG assisted by Mr. Rakesh Chaudhary, Mr. Devesh Yadav, Ms. Niti Jain Bhandari, Mr. Pulkit Bhardwaj Ms. Riya Sharma for Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE SANDEEP TANEJA

Judgment

REPORTABLE Per: Sandeep Taneja, J.

1. The present batch of writ petitions challenges the constitutional validity of Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021 (for short, ‘ART Act’), which reads as under:

“21. Duties of assisted reproductive technology clinics and banks.—

…

(g) the clinics shall apply assisted reproductive techn