JUDGMENT 1. - In the intervening night of 12 and 13th April 2007, the petitioner, a member of Rajasthan Police Service, while on patrolling suffered with a severe heart attack, thus, he was immediately taken to the Government Hospital, Shahpura Distt. Bhilwara. Looking to his serious condition he was referred for treatment at Jawahar Lal Nehru Hospital, Ajmer. The Doctors at Jawaharlal Nehru Hospital, Ajmer, due to non-availability of specialised treatment advised to the attendants of he petitioner to take him to some Hospital having specialisation in treating cardiac ailment accordingly, the petitioner was taken to S.K. Soni Hospital, Jaipur. The petitioner during this entire period was absolutely unconscious and he was not in a condition to advise any of his attendants to take to a hospital of his choice or to a Government hospital. An angiography was performed and the petitioner was subjected to surgery on 14.04.2007. A stent was also installed during the surgery. As required, a second surgery was effected on the petitioner on 09.08.2007. After getting fit, the petitioner claimed for reimbursement of medical expenses, however, the respondents allowed reimbursement of medical expenses equivalent to the expenses that would have occurred at Government hospitals. Being aggrieved by the same his petition for writ is preferred. 2. As per the respondents the petitioner had undergone surgery at a hospital not enlisted as recognised hospital of the Government of Rajasthan, thus, as per the provisions of Rajasthan Civil Services (Medical Attendance) Rules, 1970 he is not entitled for reimbursement of complete medical expenses. To substantiate the contention reliance is placed by learned counsel for the respondents upon a Single Bench's judgment of this Court in the case of Kifayat Hussain v. State of Rajasthan & ors., reported in 2008(3) CDR 1751 (Raj.) and upon a Division Bench's judgment of this Court in State of Rajasthan & Ors. v. Surendra Kumar Kalra, reported in 2008(2) WLC (Raj.) 430 . 3. In the cases aforesaid it was held that if a Government servant has undergone medical treatment at hospital outside the State or at a hospital other than the Government hospital then he shall be entitled for reimbursement of medical expenses at the rates applicable in Government or Government recognised hospitals. 4. Heard counsel for the parties. 5. 3. In the cases aforesaid it was held that if a Government servant has undergone medical treatment at hospital outside the State or at a hospital other than the Government hospital then he shall be entitled for reimbursement of medical expenses at the rates applicable in Government or Government recognised hospitals. 4. Heard counsel for the parties. 5. It is not in dispute that the first surgery of the petitioner was made in emergency and during that period the petitioner was unconscious. He was not at all in a position to instruct his attendants to carry him to any specific hospital. At the relevant time the attendants at their own decided to carry the petitioner to S.K. Soni Hospital being necessary to save his life. In such circumstances, choice of the hospital is a secondary issue and the prime consideration before the attendants of a patient or even before a patient is to secure safe life. The object of the Rules of 1970 is to provide medical assistance to the Government servants and the choice of hospital is only an ancillary issue. The Government while making reimbursement of medical expenses is required to examine all the circumstances in which the Government servant received treatment. In the instant matter at the first instance the surgery was made upon the petitioner on 14.04.2007 and at that time the need was to save life of the petitioner. An spontaneous decision was taken by the attendants looking to then existing circumstances. So far as the petitioner is concerned he was not at all in position to make a choice among the hospitals being unconscious, and therefore, the denial of medical reimbursement for the surgery in question is arbitrary. However, the second surgery which was made on 09.08.2007 stands absolutely on different pedestal. At that time the petitioner was in condition to approach the Government hospital or Government recognised hospitals for his treatment. The petitioner at his own decided to undergo second surgery at S.K. Soni Hospital and as such while considering the issue relating to reimbursement of medical expenses incurred for second surgery, the Government is right in granting money at the rate applicable for Government hospitals. 6. The petitioner at his own decided to undergo second surgery at S.K. Soni Hospital and as such while considering the issue relating to reimbursement of medical expenses incurred for second surgery, the Government is right in granting money at the rate applicable for Government hospitals. 6. In view of whatever discussed above this petition for writ is disposed of with a direction to the respondents to make full reimbursement of medical expenses incurred in first surgery of the petitioner which was undertaken on 14.04.2007. So far as the second surgery which was undertaken on 09.08.2007 is concerned the respondents may reimburse the expenses incurred equivalent to the hospital expenses applicable for Government hospitals. No order as to costs.Writ Petition Disposed of as Above. *******