1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.275/2009. : : Smt. Kalli Vs. State of Rajasthan & Ors. : : Date of Order 29.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Vijay Saini for the petitioner. Mr. Zakir Hussain, Addl.Govt.Counsel for the State. Issue notice, Shri Zakir Hussain, Additional Government Counsel accepts notice. Petitioner has filed this writ petition with the grievance that she got pregnant even as she was subjected to tubectomy operation at Mother & Child Welfare Center, Pavata, District Jaipur. Petitioner has claimed that respondents be directed to allow him compensation in the tune of Rs.2,00,000/-. In view of authoritative pronouncement of Supreme Court in State of Punjab Vs. Shiv Ram & Ors. : JT 2005 (7) SC 606 and Single Bench judgment in Smt. Sampat Devi Vs. State of Rajasthan & Ors. : 2007 (2) WLC, 154, this court in exercise of its power under Article 226 of the 2 Constitution of India cannot entertain such a claim and award compensation. The only remedy for such a dispute would be to file civil suit and also the family planning insurance scheme floated by Ministry of Health and Family Welfare, Government of India vide its circular dated 6.7.2008. The petitioner may approach to CMHO, Jaipur, who shall consider her application for awarding the benefits of compensation under the aforesaid scheme to the petitioner and pass appropriate order thereabout within a period of four weeks from such application is filed. This writ petition is accordingly disposed of. (MOHAMMAD RAFIQ)J. A.Arora/-