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Judgment
Ashok Parihar, J.—Petitioner has claimed a sum of Rs. Five Lacs as compensation on account of negligence of the Doctors of the State Government in not performing the sterilization operation properly and due to which petitioner No. 1 in spite of operation, got pregnant.
Learned Counsel for the petitioner could not show any Rule, Regulation, or Circular in this regard by which this Court can quantify the amount of compensation in such matters. Shri Rastogi, learned Counsel for the petitioner, however, submitted that it is total discretion of the Court to grant any compensation to the person concerned.
After having gone through the material on record and having considered the submissions made by counsel for the petitioner, I am of the opinion that using of such discretion will open up a very unhealthy Pandora of litigation before this Court. This Court under its writ jurisdiction cannot quantify the amount. The same can be decided only after taking evidence of both the sides by a competent court which may take note of various factors in this regard. There has to be some unanimity in using such discretion. However, in absence of any Rule, norms or guidelines issued by any court concerned, no interference is called for by this Court in the present writ petition.
Accordingly, I find no merit in the writ petition and the same is dismissed. However, the petitioners shall be free to approach the concerned authorities for compensation and/or to seek any other remedy in accordance with law, if they so choose.