Hon’ble Devi Prasad Singh, J.—In both the writ petitions, common question of law and facts are involved. Hence with the consent of parties counsel, we decide these writ petitions by the present common judgment.

2. The question of public importance involved in the present writ petitions, relates to supply of copy of “medical records” to the patients or their authorised attendants during the course of treatment or after the treatment. The factual matrix on record shows that in the State of U.P., the Government hospitals, nursing homes or even medical colleges or hospitals run by the Government and private persons ordinarily, do not provide medical record to patients or their authorised agent. In consequence, the citizens suffer from medical negligence may not be able to file complaint for damages or prosecute the guilty.

The factual matrix of writs are discussed hereinafter :

Writ Petition No. 11289 (M/B) of 2013

3. The mother of the petitioner Sameer Kumar, late Usha Agarwal (in short the patient) was admitted in Ford Hospital,Lucknow, the opposite party No. 4 which according to the petitioner, is the Unit of Nova Hospital Limited, Lucknow. She was under treatment of a doctor namely, Dr. K.P. Chandra. It is alleged that the doctor had not recommended any generic medicine but treated the patient with large quantities of costly antibiotic ‘Doripenum’ without getting the culture test of the patient.

4. On the insistence of the petitioner, the culture test was done and according to a report dated 29.4.2012, it was borne out that the infection of the patient was resistant to the antibiotic named as ‘Meropenem’ which is an antibiotic of the class of antibiotic known as ‘ Carbopenem’ and the antibiotic ‘Doripenum’ which is also an antibiotic of class ‘Carbopenem’ was being given to the patient which was similar to the aforesaid antibiotic ‘Meropenem’ which was reported to be resistive to the patient in the culture report. Copies of medical receipts have been filed as Annexure 2 and 3 to the writ petition. In spite of culture report, Doctor continued administering the above drug. The petitioner also obtained opinion of one Dr. Ravi Kumar Memon which seems to be contrary to the opinion expressed by the doctor who provided treatment in the ford Hospital. In consequence thereof, according to the petitioner’s counsel, on account of incorrect treatment, the mother of the petitioner expired on 4.5.2012.

5. The petitioner demanded copy of medical report on 8.10.2013 through a letter contained in Annexure 8 to the writ petition followed by another letter dated 17.10.2013 contained in Annexure 9 to the writ petition, in pursuance of the Regulation No. 1.3.2 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (in short the Regulation). When the record was not provided, the petitioner forwarded the copy of the letter to the different authorities but no one turned up to help him.

According to petitioner’s counsel, under Regulation 1.3.2., it was obligatory on the part of the respondent No. 4 to provide copy of the medical record.

Writ Petition No. 7157 (M/B) of 2014

6. Smt. Vimla Devi, the petitioner has approached this Court under Article 226 of the Constitution of India with the grievance that respondent No. 3 Trauma Ventilator Unit, Trauma Centre, King George Medical University Lucknow, have failed to provide medical record in violation of the aforesaid Regulation. According to the petitioner’s counsel late Sri Ram Niwas Yadav while driving a car bearing No. UP-32 DS-5685 in Telibagh, Lucknow alongwith his children namely, Swapnil and Prakhya alias Tanushree met with accident on 21.10.2012 from another vehicle, which was coming towards Bangla Bazar with Roadways Bus of Rae Bareli Depot namely, Bus No. UP-33 T-4321 driven by the driver Lal Bahadur Yadav. The petitioner’s husband and children were admitted to Trauma Centre (supra) (O.P. No. 2 to 4). On the advice of Trauma Centre and reference made