MANBHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT writ petition has been filed by the petitioners claiming compensation on account of failure of sterilization operation upon the petitioner No. 1.

(2.) THE contention of petitioner No. 1 is that her husband is poor person and they already had two issues. Therefore, they were not in a position to afford more issues. Hence, taking advantage of sterilization scheme, the petitioner approached the Medical Officer, medical and Health Centre, Kishangarh Renwal District Jaipur and underwent a sterilization operation on October 23, 2003. She was underwent a sterilization operation on October 23, 2003. She was thereafter, the petitioner conceived and delivered a female child on june 27, 2004. Necessary documents have been placed on record, which have not been controverted by the respondents.

(3.) LEARNED counsel for the petitioners has brought to the notice of this Court, the Circular dated July 6, 2006, which has been circulated to the State Government, by the Ministry of Health and family Welfare, Government of India. The relevant part whereof is as under: the package provided under the Family Planning Insurance scheme is as follows: section I: