- (1.)THIS petition has been preferred for damages on account of unsuccessful operation of tubectomy.
(2.)SHORT facts leading to the petition are that an operation of tubectomy was performed on the petitioner on 26-2-2000 under the 'nasbandi-karan Scheme' at J. P. Hospital, Tulsi Nagar, Bhopal organized by Health center, Gandhi Nagar, Bhopal and a certificate to this effect was duly issued as contained in Annexure P-2.
(3.)ON 10-1-2005, Sonography was performed and the petitioner was informed that she had conceived. On 19-5-2005 she gave birth to a male child. It is stated in the petition that the husband of the petitioner is an employee of M. P. Road Transport Corporation and is in receipt of Rs. 2500/- per month only as a driver. She had already a son and three daughters therefore, she had undergone the operation of tubectomy because she could not afford a child anymore. Since, the son was born despite the operation of tubectomy, it is stated that the operation was performed negligently and in improper manner. She has claimed that the State Government may be directed to bear the expenses of maintenance including education, medical facility etc. of the male child born on 19-5-2005.