RSA 4390 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. RSA 4390 of 2009 Date of decision: 19.1.2011 Sunil Dutt Kapil and another Petitioner vs. The Secretary, Ministry of Health, Govt. of Haryana & Ors Respondent Present: Mr. Narinder Singh, Advocate for Mr. GS Nagra, Advocate. Mr. PS Sullar, DAG, Haryana M.M.S.BEDI,J. C.M. 13231 C of 2009 is allowed. Delay in filing the appeal is condoned. C.M. 13232 C of 20009 is also allowed and the appellants are permitted to file the appeal being indigent persons. The plaintiff- appellants have preferred this appeal against judgment and decree passed by the lower appellate court reversing the judgment and decree of the trial court. The trial court has decreed the suit of the plaintiff- appellants for damages holding that plaintiff- appellant No.2 had conceived and delivered a female child despite having undergone a sterlization operation, for which the State could be held vicariously liable. The lower appellate court has relied upon the judgment of the Supreme Court in State of Punjab vs Shiv Ram & Ors 2005(4) RCR (Civil) 101 and held that the plaintiff-appellants have not been able to establish the medical negligence of the Doctor, who had operated upon appellant No.2 for sterlization operation, as per the law laid down in Jacob Mathew vs. State of Punjab 2005(6) SCC 1. RSA 4390 of 2009 2 The lower appellate court has, while reversing the finding of the trial court, held that the concerned Doctor, who had conducted the sterlization operation had not been impleaded as a party and that it is not established that he did not exercise proper care at the time of sterlization. Besides this, the lower appellate court has held that alternative remedies were available to the plaintiff-appellant No.2 on coming to know that she had conceived on account of failure of sterlization operation. After hearing learned counsel for the parties at length, I am of the opinion that the lower appellate court has arrived at a finding of fact that the State is not liable for any damages on account of any medical negligence for failure of the alleged sterilization operation conducted on plaintiff-appellant No.2. No substantial question of law is involved in the case. The matter is covered by the judgment of Apex Court in State of Punjab vs. Shiv Ram & ors (Supra). Dismissed. January 19 ,2011 ( M.M.S.BEDI ) TSM JUDGE