SURESH KUMARI Vs. STATE

JUDGEMENT

(1.) Petitioner adopted the Family Welfare means and with a view to restrict the family size resorted to Tubectomy operation. This was performed on 14-7-1998. Notwithstanding this the petitioner became pregnant. As per the petitioner, ultimately a female child was born on 25-11 -1999. However in the certificate Annexure B the sex of the child born on 25-11-1,999 is shown to be male.

(2.) The short submission made by the petitioner is that on account of the negligence of respondent No. 4, who is an employee of State Government the Tubectomy operation was not successful and therefore, the State is vicariously responsible for the act of respondent No. 4.

(3.) The factual submission made in the petition have not been denied by the res sporidents in the counter affidavit. It is submitted that all precautionary measures were taken and the operation in question may not be 100% successful in all cases. It is submitted that the possibility of the birth of a child even after the operation is there. It is accordingly submitted that no case is made out for grant of compensation.