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Prashant, 14 year male resident of H.No-691, Saini Mohalla, Nangloi, Delhi, was brought in acute stroke unit at G.B. Pant Hospital on 22-02-2012 at 4.15pm (Emergency number 1500/12) from Sanjay Gandhi Memorial Hospital, Mangolpuri, Delhi, Intensive care unit with history of acute onset lett sided hemiparesis on the same day. As stated by father he was given" de- worming agent in the school on that day. On examination patient was conscious and following commands but he had swallowing difficulty for which he was already on Ryle' s tube from the referring hospital. On examination his pulse rate was 88/minute, W.P.(C) 2554/2012 Neutral Citation Number : 2022/DHC/004930 regular, with all peripheral pulses well felt. Blood pressure in right arm was 110/70 mm Hg. There was left sided upper motor neuron type facial paralysis and hemiplegia on left side of body with motor power on left side of limbs being MRC grade 0/5. Immediate CT scan of head was performed which revealed hypodensity in right parietal and temporal areas. His routine investigation including hemogram, kidney function test, electrolytes. ECG and X-ray chest were normal. Liver function test revealed slight elevation in serum bilirubin. Two-D echocardiograpy was normal. Patient was admitted in general ICU/ward nine (CR No.-218276). Patient was treated with antiplatelet, lipid lowering agent and antibiotics. Physiotherapy was started by physiotherapist. Gastroenterology consultation was taken and his hepatic viral markers were negative. USG abdomen revealed normal study. Liver function test also turned to normal in few days. MRI brain was performed which showed wedge shaped peripheral based T1 hypo intense and T2 & FLAIR hyper intense lesion showing restriction on DWI involving right temporo-parieto-occipital grey white mater, right lentiform and caudate nucleus. Also a similar lesion was noted in right occipital region suggestive of right middle cerebral artery (MCA) territory infarct. CT angiogram was performed which showed right MCA occlusion, immediately after its origin. Color Doppler of bilateral carotid vessels was normal. Patient was discharged on 05-03-2012 with a diagnosis of young stroke with right middle cerebral artery (MCA) occlusion. At the time of discharge, he was conscious, oriented and accepting orally well, with motor power in left sided limbs were grade 0/5. Patient was advised to come for follow up in stroke clinic at G.B. Pant Hospital on Tuesday afternoon 2.00 PM after 15 days, but till date he has not turned up for the same.
(Emphasis supplied)

17. For the purpose of the present petition, it is not necessary to delve any deeper into the medical treatment administered to Prashant. There is no dispute about the fact that he had, in fact, suffered a serious stroke on 21st February 2012 and that, as a result of the stroke, W.P.(C) 2554/2012 Neutral Citation Number : 2022/DHC/004930 he suffered paralysis of the left side of his body which affliction, apparently, continues till date.

37. The record, however, indicates otherwise. The report of the three member committee of G.B. Pant Hospital, the NCCT Scan report dated 21st February 2012 of the Ganesh Diagnostic and Imaging W.P.(C) 2554/2012 Neutral Citation Number : 2022/DHC/004930 Centre and the fact that, for two days prior to 21st February 2012, Prashant had been continuously complaining of a headache, leads one to infer that Prashant suffered from a pre-existing cranial condition, with a prominent brain lesion, which, in all probability, exacerbated the situation. The expert opinions requisitioned in the case support the diagnosis that, even at the time of his admission in the hospital, he had a cerebral infarct as a result of MCA occlusion. Whether the strokes suffered by Prashant were the mere sequel to the two days' headache that he had been suffering without any meaningful treatment, or whether it was a reaction to the pain killer administered by him on the morning of 21st February 2012, or whether the Mebendazole tablet administered to him in school contributed to the condition, is anybody's guess. Based on the literature that Mr. Bansal has himself placed on record, which does not indicate paralysis to be, in any case, a known complication of Mebendazole administration, it would be extremely hazardous for any Court, trained in the law, to return a finding that the stroke and paralysis sustained by Prashant was in any manner attributable to the Mebendazole tablet administered to him in school.

41. Let alone teachers, even doctors, administering therapeutic treatment to patients, cannot be expected to keep in mind every one- off chance, howsoever rare, of adverse side effects visiting a patient, while administering treatment. The scalpel, as is often said, cannot be wielded with a shaking hand. It is nobody's case that neurological side effects, let alone stroke or paralysis, were known complications of Mebendazole administration. Even it were to be assumed that, in extremely rare cases, such side effects could occur, that cannot be a ground to fasten, on the school authorities or the Governmental Authorities, any liability for the stroke and paralysis suffered by Prashant.