- 1 - S.B.CIVIL WRIT PETITION NO.7801/2007 (Gyan Prakash Chouhan vs. Union of India & Ors.) DATE OF ORDER : 5/5/2008 HON'BLE JUSTICE SHRI GOPAL KRISHAN VYAS Mr. Bharat Devasi, for the petitioner. Mr. Kuldeep Mathur, for Union of India. In pursuance of directions issued by this Court vide judgment dated 12/2/2008 for filing compliance report, this petition was listed on 13/3/2008. On 13/3/2008, it was submitted that directions issued by this Court against Goyal Hospital have been stayed by the Division Bench of Court, therefore, no compliance is required to be made in pursuance of order passed by this Court. Further it is submitted that as per direction. Further as per direction of this Court, wife of petitioner was sent to AIIMS Hospital for further treatment vide communication dated 3/3/2008 but after examining her, she was not admitted and line of treatment was given and thereafter she was brought to Military Hospital, Delhi from where she was discharged on 5/3/2008 and it was observed in the discharge ticket that “Referred to empanelled Military Hospital”. Thereafter petitioner brought back her wife to Jodhpur and at present she is at her residence in the same condition. As per respondents, the treatment is required to be given - 2 - as per line of treatment given by AIIMS, New Delhi and respondents are required to provide the facility of treatment and in this regard it is suggested by respondents that only two hospitals in Rajasthan are having the facility as required for the treatment of wife of petitioner. It is, therefore, submitted in the compliance report that petitioner may be directed to give his choice for treatment of his wife in either of the two hospitals which are SMS Hospital, Jaipur and Govt. Hospital, Udaipur. It is submitted by the respondents that petitioner's wife Mrs. Sarita Chouhan is still in coma and respondents are ready to provide medical facilities as ordered by this Court. Learned counsel for the petitioner submitted that he is having three daughters and his wife is in coma, therefore, proper medical facilities for providing treatment on the line of treatment prescribed by the AIIMS, New Delhi may be arranged at Mahatama Gandhi Hospital, Jodhpur. In response to above submission, respondents have shown their willingness to make arrangement for treatment of petitioner's wife and it is submitted that Smt. Sarita Chouhan wife of petitioner will be sent to Mahatama Gandhi Hospital, Jodhpur for her treatment and the expenses for her treatment shall be provided without any delay. The respondents shall also ensure proper arrangement at MGH, Jodhpur and for the said purpose they will send one officer with - 3 - the patient to Superintendent, Mahatama Gandhi Hospital, Jodhpur and will look after the arrangement for treating Smt. Sarita Chouhan on the line of treatment given by AIIMS, New Delhi. It is also made clear that respondent department will bear all medical expenses which will be incurred at MGH, Jodhpur. Petitioner may be paid some advance to meet medical expenses for which petitioner will submit the accounts. With these observations, the compliance report filed by the respondent Department is accepted. (GOPAL KRISHAN VYAS), J. pankaj baweja