11-WP-3775-2026 (C).doc Mayur IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3775 OF 2026 Yash Ajay Shah And Anr ...Petitioners Versus State Of Maharashtra Thr The Government Pleader ...Respondent ... Adv. Pratik Kothari, a/w Adv. Harsh Agarwal, Adv. Shukhada Limaye, Adv. Gauravi Aswalkar, for the Petitioners. Adv. Neha S. Bhide, GP, a/w Adv. Apurva Thipsay, ‘B’ Panel, for the Respondent. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 23rd SEPTEMBER, 2026. P.C.: 1. Both the Petitioners claim to be siblings and biological children of Mrs. Rashmi Ajay Shah, aged 57 years. It is stated that their biological father has passed away, and their mother is presently suffering from a cerebral stroke, rendering her incapacitated. Consequently, the Petitioners have invoked the writ jurisdiction of this Court seeking relief under the doctrine of ‘parens patriae’, along with relevant statutory provisions under the Guardians and Wards Act, 1890, and the Mental Healthcare Act, 1 MAYUR KONDIRAM ADANE Digitally signed by MAYUR KONDIRAM ADANE Date: 2026.09.24 15:01:24 +0530 11-WP-3775-2026 (C).doc 2017. 2. On 21st July 2026, a co-ordinate Bench of this Court proceeded to examine the matter and directed the State authorities to evaluate the medical condition of the patient i.e. Mrs. Rashmi Ajay Shah. Pursuant to the said direction, the learned counsel for the Respondent-State has submitted a detailed Medical Report dated 5th August 2026, issued by the Dean, B. J. Government Medical College & Sassoon General Hospital, Pune. The same is taken on record. 3. The clinical diagnosis has been submitted by a Medical Board consisting of three doctors, namely : 1. Dr. Sanket Gore, (MBBS) Medical Officer, Sassoon General Hospital, Pune, 2. Dr. Manisha, Neurologist, (MBBS, MD Medicine, DM Neurology) Assistant Professor, Department of Medicine, BJGMC and SGH. Pune, and 3. Dr. Sonali Salvi, (MBBS, MD Medicine) Associate Professor, Department of Medicine, BJGMC. and SGH, Pune. For ready reference, the same is reproduced hereinunder: “MEDICAL REPORT Subject- Medical examination report of patient Mrs. Rashmi Shah • Reference: 1. High Court, A.S.(Writ cell, Mumbai Writ Petition No. 3775/2026 dated 24/07/2026 with reference number GP/WP/MSB/10871/ 2026 2. Letter from the Dean, B.J.G.M.C. Pune dated 2 11-WP-3775-2026 (C).doc 03/08/2026 O.W.No.337/2026 As per the order of Hon. Bombay High Court, The Dean, B.J. Medical College and Sassoon General Hospital, Pune had constituted a medical board on 03- 08-2026 as per reference no 1, to assess the medical condition of Mrs. Rashmi Ajay Shah. The medical board of 3 members as signed below have examined the patient at her residence, Pune on 04-08-2026 at 15:00 hrs. The following findings have been noted by the committee. • Name- Mrs. Rashmi Ajay Shah Age- 57 years, Sex- female • Address- Rasta Peth, Pune • Occupation- Home-maker Place of examination- Informant- Sona Yash Ajay Shah, Daughter Mrs. Yukta Ajay Shah Identification marks- Mole over face near lower jaw on left side • Date of examination- 04-08-2026 • Medical history- Chief Complaints Unresponsiveness - since 1 year and 1 month History of Present Illness: Patient had loss of consciousness in June 2025, for which she was admitted at KEM Hospital on 16-06-2025 Pune, where she underwent treatment at critical care unit. She was tracheostomized for the same and was discharged on 19-07-2025, after which she was cared at home. Patient did not regain her consciousness and remained the same till date. Past history- Hypertension - on treatment. History of missed dose on the day she had stroke. Family history - No History of stroke in family Personal history - Bladder and bowel incontinence • Clinical examination- General examination Unconscious, Lying supine in bed. Afebrile, Cachexia+,Pulse -80 /min, BP- 130/70 mmHg, RR- 14/min Pallort tracheostomy tube in situ. Ryles tube for feeding noted. Urinary catheter in situ. No / icterus/ clubbing/ cyanosis/ edema/ lymphadenopathy Healed bed sore over sacrum noted. 3 11-WP-3775-2026 (C).doc Central Nervous system - Unconscious, no response to deep painful stimuli (GCS- E4 VTMI - Cranial nerve examination: Spontaneous eye opening + ocular bobbing. Pupils- B/L normal in size and reacting to light. - Motor system: - Nutrition- Generalized muscle wasting - Tone: spasticity+ power cannot be tested, Reflexes +, bilateral plantar: B/L indeterminate CVS- Heart sounds normal, no murmur RS- Breath sounds equal. No adventitious sounds. PA- soft non-tender • Clinical diagnosis- Chronic spastic quadriparesis with bladder bowel involvement secondary to Pontine haemorrhage due to accelerated hypertension, with healed bed sore and urinary tract infection Conclusions- On the basis of medical history from relatives, previous medical records and clinical examination, the patient, Mrs Rashmi Ajay Shah, it is concluded that: • She is a case of Chronic spastic quadriparesis with bladder & bowel involvement secondary to Pontine haemorrhage due to accelerated hypertension, with healed bed sore and urinary tract infection. • She lacks mental and physical Capacity to make independent decisions regarding her self- care including medical needs, personal belongings and financial matters.” 4. A perusal of the above would indicate that, based on clinical evaluation, the Medical Board has opined that the patient's medical condition is such that she is not in a fit mental and physical state to take independent decisions regarding her self-care including medical needs, personal belongings and financial matters. 4 11-WP-3775-2026 (C).doc 5. Having considered the medical report placed on record and with the consent of the learned counsel appearing for the respective parties, the following directions are issued, in terms of the provisions for appointment of guardian as provided under the Guardians and Wards Act, 1890, and the Mental Healthcare Act, 2017. (1) The Writ Petition is allowed in terms of prayer clauses (a), (b), and (c) which read thus :- “a) That this Hon'ble Court be pleased to issue a writ of mandamus and/or any other writ in the nature of mandamus and/or any other writ, order and/or directions to declare/appoint the Petitioners as the "Guardians" of their mother Mrs. Rashmi Shah without any renumeration; b) That this Hon'ble Court after appointing the Petitioners as "Guardians" be pleased to permit the Petitioners, jointly and/or severally do all acts and/or deeds and/or things for the proper medical treatment and/or nursing and/or welfare of their mother Mrs. Rashmi Shah; c) That this Hon'ble Court after appointing the Petitioners as the "Guardians" be further pleased to authorise and/or permit the Petitioners, jointly and/or severally to take all such decisions necessary and incidental for the welfare and benefit of Mrs. Rashmi Shah, and maintenance of her property and assets, including to deal with the properties set out at "Exhibit F" and any other property movable and/or immovable that is found and/or comes to the knowledge of the Petitioner subsequently, and to utilise the proceeds thereof for the benefit and upkeep of Mrs. Rashmi Shah, including the power to; i. operate all bank accounts in the name of Mrs. Rashi Shah; ii. deal with shares, bonds, debentures and other securities if any in the name of Mrs. Rashmi Shah; iii. take possession and charge of all moveable and immovable properties of Mrs. Rashmi Shah; iv. manage, sell, transfer or otherwise deal with Mrs. Rashmi Shahs properties both moveable and immovable; v. invest the moneis of Rashmi Shah; vi. utilize the monies of Mrs.Rashmi Shah for her proper 5 11-WP-3775-2026 (C).doc upkeep and for fulfilling her needs and requirements; vii. represent Mrs. Rashmi Shah before all persons, authorities, civic bodies, any court, tribunal, revenue or quasi judicial authority. viii. sign where required as the guardian(s) of Mrs. Rashmi Shah; ix. sign all deeds, documents, cheques and instruments as guardian (s) in respect of any movable and/or immovable property of Mrs. Rashmi Shah; x. to file returns, etc, before the tax authorities” (2) Both the Petitioners shall furnish a joint undertaking to this Court affirming that they shall consistently and diligently care for and maintain their mother, Mrs. Rashmi Shah. The said undertaking shall be filed on record within a period of 48 hours from uploading of this order. 6. The Writ Petition stands Disposed of in the above terms. However, considering that we are exercising jurisdiction under doctrine of ‘parens patriae’, interest of justice would be subserved by listing this matter for monitoring the progress and to report compliance after three months. 7. Accordingly, list the matter on 23rd December 2026, for compliance. 8. All concerned parties to act on an authenticated copy of this order. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 6