[Cites 1, Cited by 0]
Uttarakhand High Court
WPMS/2809/2025 on 9 February, 2026
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPMS No.2809 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Akshay Joshi and Mr. Vishwast
Kandpal, learned counsel for petitioner.
2. Mr. Anil Dabral, learned Additional C.S.C.
with Mr. Suyash Pant, learned Standing Counsel
and Mr. B.S. Koranga, learned Brief Holder for
the State of Uttarakhand/respondent Nos.1-7.
3. Ms. Sangeeta Adhikari Patni, learned
counsel holding brief of Mr. N.S. Pundir, learned
counsel for respondent No.8.
4. The present writ petition has been filed by
the petitioner for the purpose of appointment of
a Guardian for her husband (Mohan Ram),
permanent r/o Village Gaithna, P.O. Jajardewal,
Tehsil and District Pithoragarh, who is according
to the petitioner is in a comatose state.
5. Since there was no law holding the field to
appoint a Guardian of such a person, therefore,
learned counsel for the petitioner placed
reliance upon the judgment rendered by
Hon'ble High Court of Kerala dated 20.02.2019,
passed in the case of Shobha Gopalkrishnan
& another vs. State of Kerala & others,
wherein, certain guidelines have been issued
which are mentioned in Para 35 of the said
judgment.
6. Though as many as 14 guidelines have
been issued by the Hon'ble High Court of Kerala
in the aforesaid judgment, but at this juncture,
first and foremost, it is necessary that condition
of the person lying in a comatose state shall be
ascertained by examining him, through a duly
constituted medical board of which one member
shall be definitely a qualified Neurologist and in
lieu of condition no.3 of the guidelines issued by
the Hon'ble High Court of Kerala, a Revenue
Authority not below the rank of Tehsildar was
also required to submit a report with relevant
facts and figures including the particulars of
close relatives, their financial condition and
other aspect of the petitioner and her husband.
7. It is informed by learned counsel for
petitioner that the petitioner's husband is
presently residing in District Dehradun in a
rented accommodation, where he is under
treatment and is lying in a comatose state.
8. Since there is consensus between the
parties to the proposition that the Medical Board
is to be constituted as per the guidelines and be
directed to conduct the proceedings as per the
guidelines, therefore, Chief Medical Officer,
Dehradun is directed to coordinate with the
Director, Medical Health, Garhwal Region to
constitute a medical board (one member being
Neurologist) and to examine the husband of
petitioner (Mohan Ram), who is presently
residing in Dehradun, in a comatose state. The
Medical Board so constituted shall submit a
report within two weeks from today.
9. Tehsildar, Pithoragarh shall also submit a
report with relevant facts and figures including
the particulars of close relatives, their financial
condition and other aspect of the petitioner and
her husband within two weeks from today.
10. Put up on 25.02.2026.
(Pankaj Purohit, J.)
09.02.2026
PN
