Rajasthan High Court - Jaipur
Zamil Son Of Ismile vs State Of Rajasthan on 6 December, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No.17098/2019
Zamil Son Of Ismile, Aged About 36 Years, Resident Of Ward No.
27, Churu (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Government
Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary Medical And Health Department,
Government Of Rajasthan, Secretariat, Jaipur.
3. Director (Nhm), Directorate Of Medical And Health
Services, Nhm Block, 3Rd Floor, Swasthya Bahwan,
Behind Secretariat, Tilak Marg, Jaipur.
4. Union Of India Through Its Secretary, To Health And
Family Welfare Department, Cabinet Secretariat, Raisina
Hill, New Delhi-110011.
----Respondents
For Petitioner(s) : Mr. Ravi Chirania
For Respondent(s) : Mr. R D Rastogi, ASG with
Mr. Devesh Yadav
Mr. M.S. Singhvi, AG with
Mr. Siddhant Jain, through VC
Dr. V.B. Sharma, AAG
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment
06/12/2022
Heard.
This PIL was entertained by the Court taking into
consideration that lack of proper infrastructure, medicine in the
matter of treatment of certain rare diseases particularly Gaucher
as number of persons were found to be suffering from disease.
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As on today, a center for excellence for treating rare diseases
has already been established at AIIMS, Jodhpur. In the hospital at
Jaipur namely, J K Lon Hospital, as record show, treatment is
being provided to persons who are suffering from rare diseases.
On previous dates of hearing, one of the main issues which
came up for consideration before this Court was that the medicine
which is required for treatment is not manufactured in India and is
required to be imported. Further, one of the issues was with
regard to procurement of the medicine as the medicine is costly
one. Previous order-sheets of this case show that time and again
this Court had issued directions for procurement and the State
Government also came out with the details showing procurement
of medicine and treatment of patients. Learned counsel appearing
for the petitioner would submit that even now the situation is such
is that in many cases, there is gap in procurement of medicine and
need for treatment of critical cases and this gap needs to be
bridged by issuing appropriate direction ensuring timely and
regular supply of the medicine for treatment of the disease
particularly the disease called Goucher.
Learned Additional Solicitor General and learned Advocate
General appearing for Union of India as also for State Government
would submit that as the necessary infrastructure has come up,
efforts are on to improve the infrastructure as also staff of doctor,
nurses as also procurement of medicine, both of them submit that
all efforts are being made to ensure that no case of rare disease is
left unattended.
Having gone to the material which has been placed on record
by the learned Additional Solicitor General and learned Advocate
General, we find that since the time of filing of the petition much
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improvement has taken place in terms of infrastructure,
availability of staff, doctor. The procurement of medicine for
treatment has also been made though there are some gaps as
pointed out by learned counsel for the petitioner.
At this stage, we are of the view that this petition can be disposed of with the direction that the State authorities shall make best of the endeavours to ensure that medicines required for treatment of the rare disease Goucher is made readily available by making arrangement of funds. Moreover, the Central Government is also directed to implement its scheme and making available funds necessary for treatment of rare diseases. Learned Additional Solicitor General very fairly stated that fund has already been constituted which permits release up to the limit of Rs.50,00,000/- per patients who are suffering from rare diseases as per policy.
Since the matter involves issue relating to treatment of patients suffering from rare diseases, the State Government is also required to ensure availability of funds for treatment including procurement.
We give liberty to individual cases of those persons who are suffering from rare diseases to approach the court in case there is grievance that they are not getting proper treatment either in AIIMS at Jodhpur or in J K Lon Hospital at Jaipur.
The petition is disposed of at this stage.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J SAURABH/107 (Downloaded on 25/12/2022 at 04:15:03 PM) Powered by TCPDF (www.tcpdf.org)