Citation : 2026 Latest Caselaw 2994 UK
Judgement Date : 15 April, 2026
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WPMS No.2809 of 2025
Chandra Devi ..........Petitioner
Versus
State of Uttarakhand & others .....Respondents
Hon'ble Pankaj Purohit, J.
Mr. Akshay Joshi, learned counsel for the petitioner.
2. Mr. Jayvardhan Kandpal, learned Standing Counsel for the State.
3. Ms. Sangeeta Adhikari Patni, learned counsel holding brief of Mr. N.S. Pundir, learned counsel for respondent no.8.
4. Mr. Vishwast Kandpal, learned counsel for respondent nos.9 & 10.
5. This Court vide order dated 09.02.2026 has directed for the constitution of the Medical Board as per the guidelines and directed the Chief Medical Officer, Dehradun to constitute a medical board (one member being Neurologist) and to examine the husband of the petitioner (Mohan Ram) who is presently residing in Dehradun in a comatose state. The Medical Board shall submit a report within two weeks from that day.
6. Having taken sufficient time, today, report of the Medical Board is produced by the Standing Counsel along with letter dated 16.03.2026.
7. The report submitted by learned Standing Counsel reads as under:-
"Patient is bed bound and unable to take care of his basic needs. He requires constant nursing care."
8. Since the writ petition has been filed by the petitioner for a direction to appoint the petitioner as Guardian of her husband to sign over the documents for the proper management of the
bank account as and when required and further to do all acts as are necessary in the best interest of the petitioner, the report nowhere stated that petitioner is in a vegetative condition, unable to take care of any of his movable and immovable property; unable to operate his bank account and to put signature to any documents. Thus, in the opinion of this Court, the report is not upto the mark.
9. The Medical Board is further directed to submit better report within a week from today after examining the husband of the petitioner (Mohan Ram).
10. List on 27.04.2026.
(Pankaj Purohit, J.) 15.04.2026 AK
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