Mohinder Pal, J.

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the inaction of respondent No. 2 in not reimbursing the medical expenses incurred by the petitioner on the treatment of his wife (also a policy holder) on the ground that there was exclusion clause in the policy at the time of renewal and his wife jointly, without exclusion clause. The petitioner had taken the mediclaim policy on 20-4-2001 jointly with his wife Smt. Rani Bijlani for an insured sum of Rs. 3,50,000/- each, after undergoing prescribed detailed medical check-up through the approved doctor of the New India Assurance Co. Ltd. The policy was subsequently renewed for a period of one year from 20.4.2003 on the same terms and conditions. That during the currency of the insurance policy, the wife of the petitioner was diagnosed for Ovarian Cancer Stage III(c) in February, 2002 and was admitted in Jashlok Hospital, Mumbai for treatment. The treatment continued up to August, 2003. During this period, the term of the mediclaim policy expired on 19.4.2002 and the policy was renewed by the company on the same terms and conditions without any exclusion. Th