Rajasthan High Court - Jaipur
Zamil Son Of Ismile vs State Of Rajasthan on 11 February, 2022
Bench: Manindra Mohan Shrivastava, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 17098/2019
Zamil Son Of Ismile
----Petitioner
Versus
State Of Rajasthan and Ors.
----Respondents
Connected With D.B. Civil Contempt Petition No. 803/2020 Zamil S/o Shri Ismile,
----Petitioner Versus Rajiv Swaroop Chief Secretary, Government Of Rajasthan and Ors.
----Respondents For Petitioner(s) : Mr. Ravi Chirania, Adv. For Respondent(s) : Mr. M.S. Singhvi, AG with Mr. Siddhant Jain, Adv.
Mr. R.D.Rastogi, ASG with Mr.Akshay Bhardwaj, Adv., through VC HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 11/02/2022 Heard.
An affidavit has been filed on behalf of the State showing the progress and development towards facility treatment for the Gaucher disease referred in the present case.
Learned counsel for the petitioner would submit that the most effective medicine which has to be imported and provided for the treatment to those who are suffering from peculiar diseases has not been procured by the State but only conventional treatment is being done which is not good enough.
Learned State counsel would submit that the efforts to generate fund through various means are still on but those who, (Downloaded on 24/12/2022 at 12:47:30 PM) (2 of 2) [CW-17098/2019] approached to the Centre for treatment, are being treated with available treatment facilities.
Learned ASG would also submit that presently the proposal to create Centre of Excellence at Jodhpur is under consideration before the appropriate Committee of the Government of India.
The methods of treatment which involve procurement of medicines are the main aspect for consideration in this petition.
While conventional treatment is being provided, the difficulty appears to be only on account of non-procurement of medicine from outside. It is said to be highly costly. Whatever may be cost of the medicine, if the patients and children are suffering from the disease, it is the duty of the State to provide best possible treatment that would necessarily involve procurement of all necessary medicines for treatment. Though, there are certain difficulties in the matter of creating fund to purchase costly medicines, the effort are going on for time being for cases where the patients are found suffering from the disease and are at such an advance stage, treatment has been provided by catering to various means. The State is obliged under their constitutional duty to provide best of the treatment facilities for treatment of the disease referred to in the present case.
Post the matters on 15.03.2022.
The treatment to those who are suffering from the disease of Gaucher and the details thereof including nature of medicines used for treatment shall be stated before this Court by way of filing affidavits before the Court as above by in-charge of the hospital.
(ANOOP KUMAR DHAND),J (MANINDRA MOHAN SHRIVASTAVA),J Pravesh/76-77 (Downloaded on 24/12/2022 at 12:47:30 PM) Powered by TCPDF (www.tcpdf.org)