High Court dismissed a writ petition alleging medical negligence and state failure in maternal health care during the petitioner's wife's death, declining writ jurisdiction due to pending factual disputes requiring evidence.
Writ petition dismissed; liberty to file a civil suit for damages.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 13533/2017
Maadhu Lal Gadri S/o Shri Lal Gadri, aged about 35 years, Resident Of Gram Panchayat Shaadi, Tehsil Gangrar, District Chittorgarh (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Manish Bohra For Respondent(s) : -
JUSTICE DINESH MEHTA
Order
01/07/2019
By way of the present writ petition, asserting that his wife died during pregnancy on account of apathetical negligent attitude of Doctors and the respondent State, the petitioner has prayed as under:-
(2 of 3)
[CW-13533/2017]
ensure effective implementation of the Janani Suraksha Yojana (JSY) and Janani Shishu Suraksha Karyakram (JSSK) as also ensure safe institutional deliveries so that these kinds of material death do not happen.
Any other order appropriate order or direction which this Hon’ble Court deem just and proper in the facts and circumstances of the present case may kindly be passed in favour of the petitioner.”
In the considered opinion of this Court, there are a hordes of disputed questions of facts, which cannot be gone into by this Court, simply on the basis of the pleadings of the parties. Determination of these questions would require leading of the extensive evidence.
This being the fact-situation, I decline to exercise my discretionery jurisdiction conferred by Article 226 of the Constitution of India.
(3 of 3)
[CW-13533/2017]
The writ petition is, thus dismissed.
Needless to observe that the petitioner shall be free to take appropriate remedies, including filing a suit for damages.
(DINESH MEHTA),J
7-Ramesh/-
1 issue framed by the court
Whether the High Court should exercise writ jurisdiction under Article 226 of the Constitution of India to adjudicate disputed questions of fact regarding medical negligence in a death during pregnanc
Maadhu Lal Gadri
State Of Rajasthan
DINESH MEHTA
As recorded by the court registry
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