R K BORDIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this writ petition has sought a writ of mandamus that the respondents may be directed to take necessary steps to release foreign exchange to the extent of Rs. 50,000/- as sanctioned by the Urban Improvement Trust, Jodhpur for treatment of the petitioner and not to cause any impediment in the payment of the said sum for treatment of the petitioner abroad.

(2.) THE facts giving rise to this writ petition are that the petitioner, was appointed as Assistant Engineer in the Urban Improvement Trust Jaipur. THEre after, gradually the petitioner was promoted to the post of Superintending Engineer which he is holding at present. THE petitioner while in service developed an ear disease known as 'menier's disease'. On account of this disease the petitioner suffers from vertigo attacks and it is slowly and slowly impairing the faculty of hearing of the petitioner. If this disease is not properly checked in time it may ultimately result in total loss of hearing. THE petitioner took treatment at various places first at Alwar, then he was examined at Jaipur in the S. M. . S. Hospital and thereafter he was also sent to Bombay for further treatment and surgery. THE specialists of E. N. T. at Bombay examined and found that the petitioner is actually suffering' from disease known as 'bilateral Menier's. Some treatment was given but without any result. THE panel of Doctors who examined the petitioner ultimately suggested that this treatment will require 'shunt surgery' and this surgery is not available in India, therefore, the petitioner should have the surgery done in U. S. A. . where the same is available at two places - Loss Angeles and Detroit. THE case of the petitioner was accordingly recommended by the Principal and Controller of S. M. S. Medical College, Jaipur to the Govern-ment of Rajasthan and advised that the petitioner may undertake this treatment at abroad. THE matter was referred to the Finance Department and the Finance Department directed that the petitioner should obtain necessary certificate from the Bombay Hospital, Bombay. Meanwhile the Government of Rajasthan declined to sanction any financial assistance and it was communicated to the petitioner on 6-6-1987 vide Annex- 4. THE Urban Improvement Trust, Jodhpur expressed its willingness to make a sum of Rs. 1,50,000/- available for the purpose of under-taking treatment at U. S. A. leaving the petitioner to meet the rest of the expenses. Since the matter involved release of foreign exchange, therefore, it was referred to the Government of Rajasthan in the Urban Development and Housing Department. THE request of the Urban Improvement Trust to grant necessary sanction for release of Rs. 1,50,000/- to the petitioner did not find favour with the State of Rajasthan, therefore, the petitioner approached this Court by filing the present writ petition.

(3.) MR. Vyas, learned counsel appearing for the State has contested the position and submitted that only in rare cases medical facilities abroad is permitted and only in cases of Cancer, Kidney transplantation and bye-pass surgery this facility was extended and for no other treatment. As is apparent from Annex. R. 5 and R. 6 that if the panel of three Doctors appointed by the Principal or Director of Medical & Health Services recommends that it is absolutely essential to have the treatment abroad then and then only the Government will consider the matter. In the present case, the petitioner was first advised to go to Bombay and at Bombay it was found that since the petitioner is suffering from Bilateral Menier's which requires 'shunt surgery' and this surgery is not available in India, therefore, there was no option but to refer the matter of the petitioner for treatment abroad and for which two centres were suggested i. e. Los Angeles and Detroit. It is not only the Bombay Hospital which has expressed this opinion but the penal of three Doctors appointed by the Principal by the communication dated 19-3-1987: (Annex A/1) i. e. , Dr. D. L Chhangani, Prof. & Head, E. N. T. , Dr. AS. Bafna, Reader in E. N. T. and Dr. N. V. Krishnan Reader in E. N. T. also recommended that since the petitioner is suffering from bilateral Menier's disease and this requires early management abroad and hence his case is strongly recommended for early necessary action in the matter so as to conserve whatever possible hearing left by above surgery. The recommendation of the Doctors dated 5-4-1987 (Annex. A/2) reads as under: - "looking to the above facts, it would be in the fitness of the matter to state that Shri R. K. Bordia who is suffering from Bilateral Menier's disease requires early management abroad and hence his case is strongly recommen-ded for early necessary action in the matter so as to conserve whatever possible hearing left by above surgery. "