Thejangulie v. Chiristian Institute of Health Sciences and Research and 5 Ors

ORDER Date : 23-11-2023 Heard Mr. Thejangulie, the petitioner-in-person; and Mr. Pfosekho Pfotte, learned counsel for the opposite party No. 1. Also heard Ms. V. Suokhrie, learned Additional A.G., Nagaland for the opposite party nos. 2 & 4; and Mr. Yangerwati, learned CGC for the opposite party no. 5.

¶2The instant interlocutory application has been preferred by the applicant who is the petitioner-in-person in the connected writ petition, W.P.[C] no. 6/2022. The connected writ petition has been preferred under Article 226 of the Constitution of India contending inter alia that the applicant-petitioner's child, aged about 3 [three] years, suffered due to alleged negligence on the part of the authorities of the respondent no. 1 therein, i.e. opposite party no. 1 herein. Seeking redressal of grievances of the parents, the applicant-petitioner has preferred the connected writ petition stating that due to such medical negligence, the child of the applicant-petitioner is on the verge of complete disablement. The applicant-petitioner-in-person who is the father of the child, has preferred the instant interlocutory application seeking impleadment of his wife as the petitioner no. 2 in the connected writ petition. It has been averred that due to such medical condition of the child, the body needs constant care, attention and treatment from either of the parents. As the applicant as the lone petitioner-in-person is pursuing the connected writ petition in personal capacity it would be beneficial if he or his wife i.e. the mother of the child can pursue the connected writ petition on the dates the writ petition would be listed. It has been further averred that such impleadment would be in the interest of effective and expeditious adjudication of the writ petition.

¶3Having gone through the statements and averments made in the connected writ petition, it transpires that the writ petition has been Page No.# 5/5 preferred seeking enforcement of the fundamental right to life and or alleging infringement of the fundamental right to life, which is protected under the Article 21 of the Constitution. The right to life also includes right to protect life. Though a plea has been raised to the effect that the proposed petitioner is not a citizen of India but a citizen of Portugal and a writ petition could not be pursued by a non-citizen, the Court is not convinced about the same as Article 21 speaks about 'a person', not about 'a citizen'. In the considered view of this Court, by preferring the connected writ petition, the applicant-petitioner is seeking to protect the right to life of his child and for expeditious consideration of the connected writ petition it would be in the interest of justice that the prayer made in the instant interlocutory application is allowed, as both the father and the mother are equally interested and concerned to protect the life of their child. Such impleadment is permissible following the spirit contained in the provisions of Order 1 Rule 10[2], Code of Civil Procedure, 1908 which permits the Court, either upon or without the application of a party, to allow a person who is an interested one, to join the proceedings and to enable the Court to adjudicate upon and settle the matter involved in the proceedings effectually and completely.

¶4Having regard to the above, the instant interlocutory application for impleadment of Mrs. Barbara Nunes as petitioner No. 2 in the connected writ petition, W.P.[C] no. 6/2022 is allowed.

¶5The Registry to cause necessary correction in the cause-title of the connected writ petition, W.P.[C] no. 6/2022 and thereafter, to list the same on 18.01.2024.

Sd/- JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC020006492023 2222222 222222222222222 2222222222222222THE(GAUHATI(HIGH(COURT (HIGH(COURT(OF(ASSAM,(NAGALAND,(MIZORAM(AND(ARUNACHAL PRADESH) KOHIMA(BENCH Case(No.(:(I.A.(Civil)/141/2023 THEJANGULIE H.NO.277,2WARD28,2MEDZIPHIPHEMA2DIMAPUR2NAGALAND2797106 VERSUS CHIRISTIAN2INSTITUTE2OF2HEALTH2SCIENCES2AND2RESEARCH2 AND252ORS 4TH2MILE2DIMAPUR,2P.B.2NO2312 P.O2ARTC,2NAGALAND-797115 2:2MRS2BARBARA2MARISA2GONCALVES2NUNES H/NO.77 WARD2NO.8 2R/O2MEDZHIPHEMA2-2797106 2CHUMUKEDIMA2DISTRICT 2NAGALAND 2VERSUS 1:2CHRISTIAN2INSTITUTE2OF2HEALTH2SCIENCES2AND2RESEARCH (CIHSR)2AND252ORS 4TH2MILE2DIMAPUR 2P.B.2NO.31 2P.O.2ARTC 2NAGALAND 2797115 2:PRINCIPAL2SECRETARY DEPARTMENT2OF2HEALTH2AND2FAMILY2WELFARE 2REPRESENTING2THE2STATE2OF2NAGALAND 2GOVT.2OF2NAGALAND 2KOHIMA2NAGALAND2797001 23:NAGALAND2MEDICAL2COUNCIL PMTI2COMPLEX Page No.# 2/5 MERHULITSA COLONY KOHIMA-797001 NAGALAND 4:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA NAGALAND-797001 5:THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO. 348-A- WING NIRMAN BHAVAN NEW DELHI-110001 6:ALL INDIA INSTITUTE OF MEDICAL SCIENCES (AIIMS) DELHI REPRESENTED BY ITS DIRECTOR ANSARI NAGAR NEW DELHI-110029 Advocate for the Petitioner : THEJANGULIE Advocate for the Respondent : Linked Case : WP(C)/6/2022 THEJANGULIE AND ANR H/NO.77 WARD NO.8 R/O MEDZHIPHEMA - 797106 CHUMUKEDIMA DISTRICT NAGALAND 2: MRS BARBARA MARISA GONCALVES NUNES H/NO.77 WARD NO.8 R/O MEDZHIPHEMA - 797106 CHUMUKEDIMA DISTRICT NAGALAND VERSUS CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH (CIHSR) AND 5 ORS Page No.# 3/5 4TH MILE DIMAPUR P.B. NO.31 P.O. ARTC NAGALAND 797115 2:PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE REPRESENTING THE STATE OF NAGALAND GOVT. OF NAGALAND KOHIMA NAGALAND 797001 3:NAGALAND MEDICAL COUNCIL PMTI COMPLEX MERHULITSA COLONY KOHIMA-797001 NAGALAND 4:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA NAGALAND-797001 5:THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO. 348-A- WING NIRMAN BHAVAN NEW DELHI-110001 6:ALL INDIA INSTITUTE OF MEDICAL SCIENCES (AIIMS) DELHI REPRESENTED BY ITS DIRECTOR ANSARI NAGAR NEW DELHI-110029 ------------ Advocate for : THEJANGULIE Advocate for : appearing for CHRISTIAN INSTITUTE OF HEALTH SCIENCES AND RESEARCH(CIHSR) AND 5 ORS Page No.# 4/5 BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY