SAURABH MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Surendra Singh, learned counsel for the petitioner and learned Standing Counsel for the State/respondents no. 1 to 3.

(2.) The petitioner has invoked the writ jurisdiction of this Court, seeking direction to quash the impugned order dtd. 16/11/2024 passed by the opposite party no.2-Mansik Swasthya Punarvilokan Board, Barabanki (hereinafter referred to as 'Board'), whereby the application filed by the petitioner under Sec. 14 of the Mental Healthcare Act, 2017 (hereinafter referred to as 'MH Act, 2017) came to be rejected on the ground that the petitioner had a criminal history of two cases, therefore, the petitioner cannot be appointed as a representative of opposite party no.4, who has been suffering from intellectual disability.

(3.) The fulcrum of the present case is that father of opposite party no.4 was working as a Noter and Drafter in Madhyanchal Vidyut Vitran Nigam Limited at Ayodhya region and while working in the same capacity, he retired on attaining the age of superannuation. Thereafter, father of the opposite party no.4 was getting pensionary benefits from the department till his death on 16/7/2021. Prior to it i.e. on 9/9/2018, mother of the opposite party no.4 already died.