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SMT. KAUSHALYA v STATE OF RAJ AND ORS - CW Case No. 6397 of 2002  RD-RJ 2441 (1 November 2006)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR
S.B.CIVIL WRIT PETITION NO.6397/2002.
Smt.Kaushalya. VERSUS State of Raj. & Ors. 01.11.2006.
HON'BLE MR.JUSTICE DALIP SINGH
Mr.Amit Singh Shekhawat, for the petitioner.
Mr.B.K.Sharma, Deputy Government Advocate.
The petitioner 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 Government Health
Center, Dantaramgarh, District Sikar.
The case of the petitioner is that despite the aforesaid sterilization operation the petitioner conceived a child which was born on 17.06.2002, as such, the petitioner should be awarded compensation.
In the recent decision of the Hon'ble Apex Court in
State of Punjab Vs. Shiv Ram and Others reported in JT 2005 (7) SC 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.
Consequently, this writ petition is dismissed.
However, in case the petitioner so desires, she would be at liberty to seek alternative remedy.
Solanki DS, Jr.P.A.
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