IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR. ORDER Smt. Manbhari & Anr. Vs. State of Rajasthan & Others (S. B. Civil Writ Petition No.3985/2005) S.B. Civil Writ Petition under Article 226 of the Constitution of India. Date of Order: January 19, 2009 PRESENT Hon'ble Mr. Justice R. S. Chauhan Mr. Asgar Khan, for the petitioners. Mr. Ankur Rastogi, Addl. GA for the State. BY THE COURT: 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 assured about the success of the sterilization operation. But, even 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 & 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: a) Death due to sterilization in hospital Rs.1,00,000/- b) Death due to sterilization within 30 days of discharge from hospital: Rs. 30,000/- c) Failure of sterilization (including first instance of conception after sterilization) Rs. 20,000/- d)Expenses for treatment of medical complications due to sterilization operation (within 60 days of operations) Rs. 20,000/- To be reimbursed on the basis of actual expenditure incurred, not exceeding Rs.20,000/-.” 4. Under sub-clause (c) of the Circular dated July 6, 2006, there is a provision that in case of failure of sterilization (including first instance of conception after sterilization), an incumbent is entitled for Rs.20,000/-, which is to be reimbursed by State Government. 5. Without going into merits at this stage, petitioners may now submit representation to the State Government within one month, who may examine and pass necessary orders after taking into consideration the Circular dated July 6, 2006 within three months thereafter. If, the petitioners still feel aggrieved by the decision, they will be free to avail the remedy available to them under law. 6. With the above observations, the writ petition stands disposed of. ( R.S. CHAUHAN ) J. arn