AI Structured Summary
Not yet generated for this judgment
Judgment
The lawyers are not appearing due to abstention from judicial work.
This writ petition has been preferred with the following prayers:
“1.The condition Nos. 10 and 16 so imposed in the impugned order dated 31.05.2018 (Annexure P/10) may kindly be quashed and set aside qua the
humble petitioner.
Any other appropriate writ, order or direction whichthis Hon’ble Court deems just and proper may kindly be passed in favour of the
petitioner.â€
The petitioner present in person states that she gave birth to a male child on 29.03.2005, who was not well since his birth, thus, was admitted in
hospital and advised to get NCCT brain of the child on 12.07.2005 later on it was diagnosed that he had obstructive hydrocephalus secondary to
Aqueductal stenosis (Aqueductal stenosis is a narrowing of the aqueduct of salvias which blocks the flow of cerebrospinal fluid (CSF) in the
ventricular system. Blockage of the aqueduct can lead to hydrocephalus, specifically as a common cause of congenital and / or obstructive
hydrocephalus). It is also contended by the petitioner that on the basis of report, the doctors advised her and her husband to immediately get their
son operated / surgery and his operation / surgery was done on 13.07.2005 where Ventriculo Peritoneal (VP) shunt was done in ML Baheti Hospital
& Research Centre Kota. The child was discharged from the hospital on 20.07.2005. It is contended that child has been under treatment and the same
is being given by the doctors at Kota as and when he felt problem.
The petitioner present in person also states that due to Cerebral Palsy with Spastic Quadriperisis disease, the child mentally retarded, thus, in such
circumstances, a Medical Board was constituted which gave its report dated 19.06.2008 and as per the report, the child has 80% Paralysis disability,
thus, it is also contended that illness of the child will remain life time and an attendant is required to look after him regularly.
In light of the aforesaid medical condition of petitioner’s child, the writ petition is disposed of with a direction to the respondents to take
immediate decision afresh regarding transfer of petitioner within a period of 30 days from today. Appropriate decision shall be taken by passing a
speaking order taking into account the aforementioned illness. The petitioner shall be at liberty to approach this Court, in case need arises. However, in
the meanwhile, effect and operation of the order dated 31.05.2018 shall remain stayed until the decision is taken by the respondents.