THE HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.4934 of 2005 ORDER: This writ petition is filed seeking a mandamus to set aside the proceedings in Letter No.NFC/Est.II/1378/PD/2004, dated 20.02.2004, by declaring the action of the respondents in not entering the name of master Sai Abhishekh, second adopted son of the petitioner, in the Family Photo Medical Card, as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India, and consequently to direct the respondents to include the name of master Sai Abhishekh, in the Family Photo Medical Card. It appears, the petitioner is an employee of Nuclear Fuel Company (NFC), Hyderabad. As he had only one female child, he adopted one male sick child and his name has already been included in the Family Photo Medical Card issued to him by the respondent- Organisation. While that being so, he had adopted another male child, by name, Sai Abhishekh, during November, 1998 from the Missionaries of Charity of Mother Theressa and legalized the adoption through Family Court, Secunderabad. The petitioner has also informed this fact to the respondent-Oranisation on 21.01.1999 and subsequently on 29.12.2003, he made a request to include the name of Sai Abhishekh also in the Family Photo Medical Card, in order to avail medical facilities, which was rejected by the respondent- Organisation by order, dated 20.02.2004. Questioning the same, the present writ petition is filed. The respondents filed a detailed counter affidavit stating that the petitioner has taken on adoption a male child, by name, Sai Abhishekh, who born on 01.01.1997 vide adoption deed, dated 09.11.1998, entered into with the Missionaries of Charity of Theresa, Secunderabad and as Sai Abhishekh is the second adopted son of the petitioner, his request for inclusion of name of Sai Abhishekh in the Family Photo Medical Card was not agreed to in terms of Section 11(i) of the Hindu Adoptions and Maintenance Act, 1956, which stipulates that adoptive parents must not have a hindu son, son’s son or son’s son’s son at the time of adoption of a male child. Accordingly, the decision was communicated to the petitioner vide letter, dated 13.03.1999. It is also stated in the counter affidavit that though an order was passed on 19.11.1998 by the learned Family Court, Secunderabad in O.P.No.209 of 1998, filed for appointing the petitioner herein as guardian to master Sai Abhishekh under Section 7 and 10 of the Guardians and Wards Act, 1890, as the petitioner is just appointed as a guardian, his request for inclusion of name of master Sai Abhishekh was not accepted. It is further stated that though the petitioner filed another application on 29.12.2003, seeking inclusion of his second adopted son in the Family Photo Medical Card, his request was again turned down vide letter, dated 20.02.2004. The learned counsel for the petitioner strenuously contended that as the first male child adopted by the petitioner is a sick child, permission was taken from the Family Court for adopting second child, which was accepted by the Family Court. Therefore, the respondents ought not to have rejected inclusion of the name of the second adopted son in the Family Photo Medical Card. On the other hand, the learned Standing Counsel for the respondents stated that the Family Court has accepted only the guardianship of the petitioner and even assuming that there is some adoption, the same is not binding on the respondents. The above stated facts would reveal that Sai Abhishekh being the second adopted son, the respondents have not entered his name in the Family Photo Medical Card. If the petitioner is interested in serving the society by adopting children, it is always open for him to do so, but he cannot throw them on the department for the purpose of availing medical facilities etc. Since the first adopted son was already extended the said benefits and his name was already included in the Family Photo Medical Card for the purpose of availing health facilities etc., the action of the respondents in rejecting inclusion of the name of the second adopted son of the petitioner in the Family Photo Medical Card, cannot be found fault with. Under those circumstances, the writ petition is devoid of merit and is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. _______________ (C.V. RAMULU,J) Date: 27.01.2011 VGB