SAMPAT DEVI Vs. STATE OF RAJ AND ORS

JUDGEMENT

(1.) The petitioner has claimed has claimed the relief of compensation in this writ petition on account of the alleged failure of sterilization operation which the petitioner has undergone at the Primary Health Centre, Hansraha. The case of the petitioner is that despite the aforesaid sterilization operation the petitioner conceived a child which was born on 24.08.2001, as such, the petitioner should be awarded compensation.

(2.) In the recent decision of the Hon'ble Apex Court in State of Punjab v. Shiv Ram and Others, 2005 7 JT 606, the Hon'ble Apex Court has held that it is a matter to be examined as to whether there was nay negligence or not. The said facts cannot be examined in the writ jurisdiction.

(3.) However, having held so there is yet another aspect of the matter to which a reference may be made. Pursuant to the decision of the Hon'ble Supreme Court in writ petition No. 209/2003 (Ramakant Rai v. Union of India) dated 01.03.2005, the Government of India, Ministry of Health and Family Welfare has prepared a Scheme by the name of Family Planning Insurance Scheme effective from December, 2005 and which has been sent to the State Government also for implementation and in which provisions for compensation have also been laid down on account of failure of sterilization cases under Section I. The aforesaid Scheme is prescribed in Chapter 1. Under Section II, it has been provided, as follows:-