A Writ of Mandamus can be used to compel a regulatory body to dispose of a representation regarding medical negligence, while claims for monetary compensation should be pursued in the appropriate forum, such as the Consumer Forum.

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 5, on the basis of the medical records, operative notes, scan reports and discharge summary issued by the eighth respondent hospital and all other connected records, to determine the medical negligence committed by the sixth respondent during the sterilization (MINILAP) surgery performed on the petitioner on 09.07.2011 at the seventh respondent hospital, and consequently, to initiate proceedings in accordance with law for cancellation of the medical registration of the sixth respondent, cancellation of the Government approval granted to the seventh respondent hospital under the Family Welfare Programme and to direct the respondents 1 to 7 jointly and severally to pay the petitioner just and reasonable compensation for the prolonged physical pain, mental agony, medical expenses, loss of livelihood and violation of her fundamental rights under Article 21 of the Constitution of India, based on the petitioner's representation dated 18.06.2026, made to the respondents 1 to 5.

ORDER

This Writ Petition is disposed of at the stage of admission after hearing the learned counsel for the petitioner, the learned Standing Counsel for the respondents 1 to 4 and the learned Standing Counsel for the fifth respondent, and after dispensing with notice to the respondents 6 to 8.

2. It appears that the petitioner underwent a sterilization procedure at the seventh respondent Hospital on 09.07.2011. It further appears that the procedure was performed by the sixth respondent. According to the petitioner, she developed certain complications on account of the procedure performed by the sixth respondent at the seventh respondent Hospital, and that she came to know of the alleged negligence only on 21.12.2025, when she was admitted to the eighth respondent Hospital.

3. It is submitted that the eighth respondent thereafter performed a further procedure to remove a surgical suture allegedly left behind by the sixth respondent, which is stated to have caused the complications. In this regard, the petitioner submitted a representation dated 18.06.2026 to the respondents 1 to 5. However, no further action has been taken thereon.

4. On the other hand, the learned Standing Counsel for the fifth respondent, on instructions, submitted that the petitioner's representation dated 18.06.2026 has been taken up for consideration and that an explanation has been called for from the sixth respondent vide letter dated 03.07.2026. He further submitted that, upon receipt of the explanation from the sixth respondent, appropriate action would be taken in accordance with law.

5. Recording the above submission, this Writ Petition is disposed of with a direction to the fifth respondent to consider and dispose of the petitioner's representation dated 18.06.2026 by taking the complaint to its logical conclusion, in accordance with law. There shall be no order as to costs.

6. Insofar as the oral request made by the learned counsel for payment of compensation by the respondents 1 to 5 on the ground that the sixth respondent had allegedly committed medical negligence while performing the procedure at the seventh respondent Hospital, is concerned, it is always open to the petitioner to work out her remedy before the appropriate forum, including the Consumer Forum, in accordance with law.

NCC : Yes / No 09.07.2026