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Delhi High Court - Orders

Mohd. Kalim vs Employees State Insurance Corporaton & ... on 8 February, 2019

Author: Manmohan

Bench: Manmohan

Applt.Side-1 to 16
$~
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
1.
+    W.P.(C) 8445/2014

    MOHD. KALIM                                 ..... Petitioner
                   Through    Mr. Ashok Agarwal with Mr. Kumar
                              Utkarsh, Advocates

                   versus

    EMPLOYEES STATE INSURANCE
    CORPORATON & ORS.                        ..... Respondents
                 Through  Ms.Shyel Trehan, Amicus Curiae
                          with Ms.Sonali Malik and Mr. Aman
                          Shukla, Advocates.
                          Mr. Yakesh Anand with Mr. Nimit
                          Mathur and Ms. Sashya Gulati,
                          Advocates for ESIC.
                          Dr. Naresh K. Arora, Addl. Director
                          (Inspectioin) and Mr. Dhruv Prasad
                          (SST) ESIC.
                          Mr. Ramesh Singh, Standing Counsel
                          with Mr. Anuj Aggarwal, ASC with
                          Mr. Chirayu Jain, Ms. Nikita Goyal,
                          Mr. Rao Abdul Ahmad Khan,
                          Advocate for GNCTD.

                              Mr. Lokesh Sukhwani, Advocate with
                              Mr. Kapil Kumar, Advocate for
                              MoHFW, UOI.

                              Ms. Shiva Lakshmi, CGSC for UOI
                              with Ms. Preeti Sudan, Secretary
                              (Health) and Mr. Manoj Jhalani, Addl
                              Sec. (Health) in person.
                                 Mr. Satvik Varma with Mr. Tanveer
                                Oberoi and Mr. Nipun Gautam,
                                Advocates for AIIMS with
                                Dr. Kanika Jain, AIIMS.
                                Mr. Siddharth Panda with Mr. Ashish
                                Pradhan, Advocates for ILBS.
                                Mr. Rajshekhar Rao, Advocate with
                                Ms. Mansi Sood, Advocate for Sanofi
                                Genzyme.


                              WITH
2.
+    W.P.(C) 6865/2015

     DHARMENDER SINGH & ANR                 ..... Petitioners
                 Through  Mr. Ashok Agarwal with Mr. Kumar
                          Utkarsh, Advocates

                     versus

     EMPLOYEES STATE INSURANCE
     CORPORATION & ORS                       ..... Respondents
                  Through  Ms.Shyel Trehan, Amicus Curiae
                           with Ms.Sonali Malik and Mr. Aman
                           Shukla, Advocates.
                           Mr. Yakesh Anand with Mr. Nimit
                           Mathur and Ms. Sashya Gulati,
                           Advocates for ESIC.

                                Dr. Naresh K. Arora, Addl. Director
                                (Inspectioin) and Mr. Dhruv Prasad
                                (SST) ESIC.

                                Mr. Abhay Prakash Sahay, CGSC
                                with Mr. Suraj Kumar, Advocates for
                                UOI.
                                Ms. Preeti Sudan, Secretary (Health)
                               and Mr. Manoj Jhalani, Addl Sec.
                               (Health) in person.

                               Mr. Ramesh Singh, Standing Counsel
                               with Mr. Anuj Aggarwal, ASC with
                               Mr. Chirayu Jain, Ms. Nikita Goyal,
                               Mr. Rao Abdul Ahad Khan, Advocate
                               for GNCTD.
                               Mr. Satvik Varma with Mr. Tanveer
                               Oberoi and Mr. Nipun Gautam,
                               Advocates for AIIMS.
                               Mr. Rajshekhar Rao, Advocate with
                               Ms. Mansi Sood, Advocate for Sanofi
                               Genzyme.

                              AND
3.
+    W.P.(C) 1493/2016 & CM APPL. 6500/2016

     BABY NISAGRA AND ANR                   ..... Petitioners
                  Through Mr. Ashok Agarwal with Mr. Kumar
                          Utkarsh, Advocates

                     versus

     EMPLOYEES STATE INSURANCE
     CORPORATION AND ORS                ..... Respondents
                  Through  Ms.Shyel Trehan, Amicus Curiae
                           with Ms.Sonali Malik and Mr. Aman
                           Shukla, Advocates.
                           Mr. Yakesh Anand with Mr. Nimit
                           Mathur and Ms. Sashya Gulati,
                           Advocates for ESIC.
                           Dr. Naresh K. Arora, Addl. Director
                           (Inspectioin) and Mr. Dhruv Prasad
                           (SST) ESIC.
                                 Ms. Shiva Lakshmi, CGSC with
                                Mr. Ruchir R. Rai and Mr. Siddharth
                                Singh, Advocates and Mr. Manohar
                                Agnani, Joint Secretary, MoH&FW.
                                Ms. Preeti Sudan, Secretary (Health)
                                and Mr. Manoj Jhalani, Addl Sec.
                                (Health) in person.

                                Mr. Ramesh Singh, Standing Counsel
                                with Mr. Anuj Aggarwal, ASC with
                                Mr. Chirayu Jain, Ms. Nikita Goyal,
                                Mr. Rao Abdul Ahad Khan, Advocate
                                for GNCTD.
                                Mr. Satvik Varma with Mr. Tanveer
                                Oberoi and Mr. Nipun Gautam,
                                Advocates for AIIMS.
                                Mr. Rajshekhar Rao, Advocate with
                                Ms. Mansi Sood, Advocate for Sanofi
                                Genzyme.

                              AND
4.
+    W.P.(C) 1860/2016 & CM APPLs. 7986/2016, 40865-40866/2016

     MASTER LALIT KUMAR AND ANR             ..... Petitioners
                  Through Mr. Ashok Agarwal with Mr. Kumar
                          Utkarsh, Advocates

                     versus

     EMPLOYEES STATE INSURANCE
     CORPORATION AND ORS                     ..... Respondents
                  Through  Ms.Shyel Trehan, Amicus Curiae
                           with Ms.Sonali Malik and Mr. Aman
                           Shukla, Advocates.
                           Mr. Yakesh Anand with Mr. Nimit
                           Mathur and Ms. Sashya Gulati,
                           Advocates for ESIC.
                                Dr. Naresh K. Arora, Addl. Director
                               (Inspectioin) and Mr. Dhruv Prasad
                               (SST) ESIC.

                               Ms. Shiva Lakshmi, CGSC with Mr.
                               Ruchir R. Rai and Mr. Siddharth
                               Singh, Advocates and Mr. Manohar
                               Agnani, Joint Secretary, MoH&FW.

                               Mr. Ramesh Singh, Standing Counsel
                               with Mr. Anuj Aggarwal, ASC with
                               Mr. Chirayu Jain, Ms. Nikita Goyal,
                               Mr. Rao Abdul Ahad Khan, Advocate
                               for GNCTD.

                               Mr. Satvik Varma with Mr. Tanveer
                               Oberoi and Mr. Nipun Gautam,
                               Advocates for AIIMS.
                               Ms. Preeti Sudan, Secretary (Health)
                               and Mr. Manoj Jhalani, Addl Sec.
                               (Health) in person.
                               Mr. Rajshekhar Rao, Advocate with
                               Ms. Mansi Sood, Advocate for Sanofi
                               Genzyme.
                               Mr. Manjit Singh of LSDSS.
                               Ms. Gitanjali Sehgal, FSMA.

                              AND
5.
+    W.P.(C) 2609/2016 & CM APPL. 11034/2016

     MASTER VISHAL KUMAR (MINOR)
     AND ANR                                ..... Petitioners
                  Through Mr. Ashok Agarwal with Mr. Kumar
                          Utkarsh, Advocates

                     versus
      EMPLOYEES STATE INSURANCE
     CORPORATION AND ORS                     ..... Respondents
                  Through  Ms.Shyel Trehan, Amicus Curiae
                           with Ms.Sonali Malik and Mr. Aman
                           Shukla, Advocates.

                                Mr. Yakesh Anand with Mr. Nimit
                                Mathur and Ms. Sashya Gulati,
                                Advocates for ESIC.
                                Dr. Naresh K. Arora, Addl. Director
                                (Inspection) and Mr. Dhruv Prasad
                                (SST) ESIC.

                                Mr. Vivek Goyal, CGSC with
                                Mr. Santosh Kumar Pndey,
                                Advocates for UOI/R-2 and 3.

                                Mr. Ramesh Singh, Standing Counsel
                                with Mr. Anuj Aggarwal, ASC with
                                Mr. Chirayu Jain, Ms. Nikita Goyal,
                                Mr. Rao Abdul Ahad Khan, Advocate
                                for GNCTD.

                                Mr. Satvik Varma with Mr. Tanveer
                                Oberoi, Mr. Nipun Gautam and Mr.
                                Nikhil Mehra, Advocates for AIIMS.
                                Mr. Rajshekhar Rao, Advocate with
                                Ms. Mansi Sood, Advocate for Sanofi
                                Genzyme.

                               AND
6.
+    W.P.(C) 2945/2016

     ANIL KUMAR                                   ..... Petitioner
                     Through    Mr. Ashok Agarwal with Mr. Kumar
                                Utkarsh, Advocates
                versus

EMPLOYEES STATE INSURANCE
CORPORATION & ORS                       ..... Respondents
             Through  Ms.Shyel Trehan, Amicus Curiae
                      with Ms.Sonali Malik and Mr. Aman
                      Shukla, Advocates.

                          Mr. Yakesh Anand with Mr. Nimit
                          Mathur and Ms. Sashya Gulati,
                          Advocates for ESIC.
                          Dr. Naresh K. Arora, Addl. Director
                          (Inspection) and Mr. Dhruv Prasad
                          (SST) ESIC.

                          Mr. Mohit Bhardwaj, Advocate with
                          Ms. Sabhya Jain, Advocate for
                          UOI/R-2 and 3.
                          Ms. Preeti Sudan, Secretary (Health)
                          and Mr. Manoj Jhalani, Addl Sec.
                          (Health) in person.

                          Mr. Ramesh Singh with Mr. S.K.
                          Tripathi, ASC, Mr. Chirayu Jain and
                          Ms. Nikita Goyal, Mr. Rishabh
                          Ostwal and Mr. Shashank Tiwari,
                          Advocates for GNCTD.

                          Mr. Atul Kumar, Advocate with Ms.
                          Sweety Singh, Advocate for AIIMS.
                          Mr. Rajshekhar Rao, Advocate with
                          Ms. Mansi Sood, Advocate for Sanofi
                          Genzyme.

                        AND
 7.
+    W.P.(C) 4444/2016

     KUMARI PRIYA AND ANR                   ..... Petitioners
                  Through Mr. Ashok Agarwal with Mr. Kumar
                          Utkarsh, Advocates

                     versus

     EMPLOYEES STATE INSURANCE
     CORPORATION & ORS                       ..... Respondents
                  Through  Ms.Shyel Trehan, Amicus Curiae
                           with Ms.Sonali Malik and Mr. Aman
                           Shukla, Advocates.Mr. Yakesh
                           Anand with Mr. Nimit Mathur and
                           Ms. Sashya Gulati, Advocates for
                           ESIC.

                               Dr. Naresh K. Arora, Addl. Director
                               (Inspectioin) and Mr. Dhruv Prasad
                               (SST) ESIC.
                               Mr. Ramesh Singh, Standing Counsel
                               with Mr. Chirayu Jain, Advocate for
                               GNCTD.
                               Mr.Sanjeev Uniyal with Mr.Dhawal
                               Uniyal, Advocates for UOI.
                               Ms. Preeti Sudan, Secretary (Health)
                               and Mr. Manoj Jhalani, Addl Sec.
                               (Health) in person.

                               Mr. Satvik Varma with Mr. Tanveer
                               Oberoi, Mr. Nipun Gautam, Mr.
                               Anand Varma and Mr. Shwetank
                               Singh, Advocates for AIIMS.
                               Mr. Rajshekhar Rao, Advocate with
                               Ms. Mansi Sood, Advocate for Sanofi
                               Genzyme.
                               AND
8.
+    W.P.(C) 8474/2017

     SANGEETHA AND ANR                            ..... Petitioners
                 Through        Mr. Ashok Agarwal with Mr. Kumar
                                Utkarsh, Advocates

                     versus

     EMPLOYEES STATE INSURANCE
     CORPORATION AND ORS                       ..... Respondents
                  Through  Ms.Shyel Trehan, Amicus Curiae
                           with Ms.Sonali Malik and Mr. Aman
                           Shukla, Advocates.
                           Mr. Yakesh Anand with Mr. Nimit
                           Mathur and Ms. Sashya Gulati,
                           Advocates for ESIC.
                           Dr. Naresh K. Arora, Addl. Director
                           (Inspection) and Mr. Dhruv Prasad
                           (SST) ESIC.
                           Mr. B.S. Shukla, CGSC with
                           Mr. Shravan Kumar and Mr. Sumit
                           Rajput, Advocate for UOI.
                           Ms. Preeti Sudan, Secretary (Health)
                           and Mr. Manoj Jhalani, Addl Sec.
                           (Health) in person.
                           Mr. Ramesh Singh, Standing Counsel
                           with Mr. Chirayu Jain, Advocate for
                           GNCTD.

                                Mr. Satvik Varma with Mr. Tanveer
                                Oberoi and Mr. Nipun Gautam,
                                Advocates for AIIMS.
                                Mr. Rajshekhar Rao, Advocate with
                                Ms. Mansi Sood, Advocate for Sanofi
                                Genzyme.
                               AND
9.
+    W.P.(C) 8503/2017

     BABY DEVANANDHA D (MINOR)
     THR HER MOTHER DEEPA S AND ANR          ..... Petitioners
                 Through   Mr. Ashok Agarwal with Mr. Kumar
                           Utkarsh, Advocates

                     versus

     EMPLOYEES STATE INSURANCE
     CORPORATION AND ORS                       ..... Respondents
                  Through  Ms.Shyel Trehan, Amicus Curiae
                           with Ms.Sonali Malik and Mr. Aman
                           Shukla, Advocates.Mr. Yakesh
                           Anand with Mr. Nimit Mathur and
                           Ms. Sashya Gulati, Advocates for
                           ESIC.
                           Dr. Naresh K. Arora, Addl. Director
                           (Inspectioin) and Mr. Dhruv Prasad
                           (SST) ESIC.
                           Mr. B.S. Shukla, CGSC with
                           Mr. Shravan Kumar and Mr. Sumit
                           Rajput, Advocate for UOI.
                           Ms. Preeti Sudan, Secretary (Health)
                           and Mr. Manoj Jhalani, Addl Sec.
                           (Health) in person.

                                Mr. Ramesh Singh, Standing Counsel
                                with Mr. Chirayu Jain, Advocate for
                                GNCTD.
                                Mr. Satvik Varma with Mr. Tanveer
                                Oberoi and Mr. Nipun Gautam,
                                Advocates for AIIMS.
                                Mr. Rajshekhar Rao, Advocate with
                                Ms. Mansi Sood, Advocate for Sanofi
                                Genzyme.
                                AND
10.
+     W.P.(C) 7730/2016 & CM APPL. 31910/2016

      MASTER RUDRANSH VYAS (MINOR)
      & ANR.                                ..... Petitioners
                  Through Mr. Ashok Agarwal with Mr. Kumar
                          Utkarsh, Advocates

                      versus

      EMPLOYEES STATE INSURANCE
      CORPORATION & ORS.                        ..... Respondents
                   Through  Ms.Shyel Trehan, Amicus Curiae
                            with Ms.Sonali Malik and Mr. Aman
                            Shukla, Advocates.Mr. Yakesh
                            Anand with Mr. Nimit Mathur and
                            Ms. Sashya Gulati, Advocates for
                            ESIC.
                            Dr. Naresh K. Arora, Addl. Director
                            (Inspectioin) and Mr. Dhruv Prasad
                            (SST) ESIC.
                            Mr. Dev P. Bhardwaj, CGSC with
                            Ms. Anubha Bhardwaj, Advocate for
                            UOI.
                            Ms. Preeti Sudan, Secretary (Health)
                            and Mr. Manoj Jhalani, Addl Sec.
                            (Health) in person.

                                 Mr. Ramesh Singh, Standing Counsel
                                 with Mr. Chirayu Jain, Advocate for
                                 GNCTD.
                                 Mr. Satvik Varma with Mr. Tanveer
                                 Oberoi and Mr. Nipun Gautam,
                                 Advocates for AIIMS.
                                 Mr. Rajshekhar Rao, Advocate with
                                 Ms. Mansi Sood, Advocate for Sanofi
                                 Genzyme.
                                AND
11.
+     W.P.(C) 10554/2016

      N. PAVAN & ANR                               ..... Petitioners
                    Through      Mr. Ashok Agarwal with Mr. Kumar
                                 Utkarsh, Advocates

                      versus

      EMPLOYEES STATE INSURANCE
      CORPORATION & ORS                         ..... Respondents
                   Through  Ms.Shyel Trehan, Amicus Curiae
                            with Ms.Sonali Malik and Mr. Aman
                            Shukla, Advocates.
                            Mr. Sarfaraz Ahmad, Advocate for
                            UOI.
                            Ms. Preeti Sudan, Secretary (Health)
                            and Mr. Manoj Jhalani, Addl Sec.
                            (Health) in person.

                                 Mr. Yakesh Anand with Mr. Nimit
                                 Mathur and Ms. Sashya Gulati,
                                 Advocates for ESIC.
                                 Dr. Naresh K. Arora, Addl. Director
                                 (Inspectioin) and Mr. Dhruv Prasad
                                 (SST) ESIC.
                                 Mr. Ramesh Singh, Standing Counsel
                                 with Mr. Chirayu Jain, Advocate for
                                 GNCTD.
                                 Mr. Satvik Varma with Mr. Tanveer
                                 Oberoi and Mr. Nipun Gautam,
                                 Advocates for AIIMS.
                                 Mr. Rajshekhar Rao, Advocate with
                                 Ms. Mansi Sood, Advocate for Sanofi
                                 Genzyme.

                               AND
 12.
+     W.P.(C) 11866/2016

      MASTER DIXIT ANALAGI AND ANR             ..... Petitioners
                    Through Mr. Ashok Agarwal with Mr. Kumar
                            Utkarsh, Advocates

                      versus

      EMPLOYEES STATE INSURANCE
      COROPORATION AND ORS                     ..... Respondents
                   Through  Ms.Shyel Trehan, Amicus Curiae
                            with Ms.Sonali Malik and Mr. Aman
                            Shukla, Advocates.
                            Mr. Yakesh Anand with Mr. Nimit
                            Mathur and Ms. Sashya Gulati,
                            Advocates for ESIC.
                            Dr. Naresh K. Arora, Addl. Director
                            (Inspectioin) and Mr. Dhruv Prasad
                            (SST) ESIC.

                                Ms. Shiva Lakshmi, Advocate for
                                UOI with Ms. Preeti Sudan, Secretary
                                (Health) and Mr. Manoj Jhalani, Addl
                                Sec. (Health) in person.

                                Mr. Ramesh Singh, Standing Counsel
                                with Mr. Chirayu Jain, Advocate for
                                GNCTD.
                                Mr. Satvik Varma with Mr. Tanveer
                                Oberoi and Mr. Nipun Gautam,
                                Advocates for AIIMS.

                                Mr. Rajshekhar Rao, Advocate with
                                Ms. Mansi Sood, Advocate for Sanofi
                                Genzyme.

                               AND
 13.
+     W.P.(C) 1935/2017 & CM APPL. 8589/2017

      SHIV KUMAR JHA                               ..... Petitioner
                   Through       Mr. Naresh Sharma with Mr. Yogesh
                                 Tiwari, Advocates
                      versus

      UNION OF INDIA AND ANR                     ..... Respondents
                    Through  Ms.Shyel Trehan, Amicus Curiae
                             with Ms.Sonali Malik and Mr. Aman
                             Shukla, Advocates.
                             Mr. Dev P. Bhardwaj, CGSC with
                             Ms. Anubha Bhardwaj, Advocate for
                             UOI.
                             Ms. Preeti Sudan, Secretary (Health)
                             and Mr. Manoj Jhalani, Addl Sec.
                             (Health) in person.


                                 Mr. Yakesh Anand with Mr. Nimit
                                 Mathur and Ms. Sashya Gulati,
                                 Advocates for ESIC.
                                 Dr. Naresh K. Arora, Addl. Director
                                 (Inspectioin) and Mr. Dhruv Prasad
                                 (SST) ESIC.
                                 Mr. Ramesh Singh, Standing Counsel
                                 with Mr. Chirayu Jain, Advocate for
                                 GNCTD.
                                 Mr. Satvik Varma with Mr. Tanveer
                                 Oberoi and Mr. Nipun Gautam,
                                 Advocates for AIIMS.

                                 Mr. Rajshekhar Rao, Advocate with
                                 Ms. Mansi Sood, Advocate for Sanofi
                                 Genzyme.

                               AND
 14.
+     W.P.(C) 11610/2017 & CM APPL. 27637/2018

      FSMA INDIA CHARITABLE TRUST             ..... Petitioner
                   Through  Mr. Ashok Agarwal with Mr. Kumar
                            Utkarsh, Advocates
                   versus

      UNION OF INDIA AND ANR.                   ..... Respondents
                    Through   Ms.Shyel Trehan, Amicus Curiae
                              with Ms.Sonali Malik and Mr. Aman
                              Shukla, Advocates.

                                 Mr. Vijay Joshi, Sr. Panel Counsel
                                  for R-1/UOI.
                                 Ms. Preeti Sudan, Secretary (Health)
                                 and Mr. Manoj Jhalani, Addl Sec.
                                 (Health) in person.

                                 Mr. Ramesh Singh with Mr. Devesh
                                 Singh, ASC with Ms. Sukriti Ghai
                                 and Ms. Urvashi Tripathi, Advocates
                                 for GNCTD.
                                 Mr. Satvik Varma with Mr. Tanveer
                                 Oberoi and Mr. Nipun Gautam,
                                 Advocates for AIIMS.

                                 Mr. Rajshekhar Rao with Mr. Kotla
                                 Harshvardhan and Ms. Mansi Sood,
                                 Advocates for Sanofi Genzyme.

                                 Dr. Naresh K. Arora, Addl. Director
                                 (Inspection) and Mr. Dhruv Prasad
                                 (SST) ESIC.

                               AND
 15.
+     W.P.(C) 699/2018
      MASTER HARSHA D.S. (MINOR)
      THROUGH HIS FATHER SHANKARAPPA D.S.
      AND ANR.                                 ..... Petitioners
                   Through   Mr. Ashok Agarwal with Mr. Kumar
                             Utkarsh, Advocates
                   versus

      EMPLOYESS STATE INSURANCE
      CORPORATION AND ORS.                      ..... Respondents
                   Through  Ms.Shyel Trehan, Amicus Curiae
                            with Ms.Sonali Malik and Mr. Aman
                            Shukla, Advocates.
                            Mr. Yakesh Anand with Mr. Nimit
                            Mathur and Ms. Sashya Gulati,
                            Advocates for ESIC.
                            Dr. Naresh K. Arora, Addl. Director
                            (Inspectioin) and Mr. Dhruv Prasad
                            (SST) ESIC.
                            Ms. Amrita Prakash, CGSC with
                            Mr. Hari Shankar Sharma, Advocate
                            for UOI/R-2&3.
                            Ms. Preeti Sudan, Secretary (Health)
                            and Mr. Manoj Jhalani, Addl Sec.
                            (Health) in person.
                            Mr. Ramesh Singh, Standing Counsel
                            with Mr. Chirayu Jain, Advocate for
                            GNCTD.
                            Mr. Satvik Varma with Mr. Tanveer
                            Oberoi and Mr. Nipun Gautam,
                            Advocates for AIIMS.

                                 Mr. Rajshekhar Rao, Advocate with
                                 Ms. Mansi Sood, Advocate for Sanofi
                                 Genzyme.

                              AND
 16.
+     W.P.(C) 1266/2018 & CM APPL. 5278/2018

      SH. MOHD. RAFIQ TANTRY                   ..... Petitioner
                    Through  Mr. Ashok Agarwal with Mr. Kumar
                             Utkarsh, Advocates

                      versus

      ALL INDIA INSTITUTE OF MEDICAL
      SCIENCES ADN ORS                          ..... Respondents
                     Through  Ms.Shyel Trehan, Amicus Curiae
                              with Ms.Sonali Malik and Mr. Aman
                              Shukla, Advocates.

                                 Mr. Satvik Varma with Mr. Tanveer
                                 Oberoi, Mr. Nipun Gautam,
                                 Mr. V.S.R. Krishna and Mr. V.
                                 Shashank Kumar, Advocates for
                                 AIIMS.
                                 Ms. Monika Arora, with Mr. Kushal
                                 Kumar and Mr. Praveen Singh,
                                 Advocates for UOI/R-2.
                                 Ms. Preeti Sudan, Secretary (Health)
                                 and Mr. Manoj Jhalani, Addl Sec.
                                 (Health) in person.

                                 Mr. Ramesh Singh, Standing Counsel
                                 with Mr. Chirayu Jain, Advocate for
                                 GNCTD.

                                 Mr. Rajshekhar Rao, Advocate with
                                 Ms. Mansi Sood, Advocate for Sanofi
                                 Genzyme.


      CORAM:
      HON'BLE MR. JUSTICE MANMOHAN
                     ORDER

% 08.02.2019 Mr. Ashok Aggarwal, learned counsel for the petitioners states that he has filed a writ petition in Supreme Court seeking implementation of National Policy for Treatment of Rare Diseases. Accordingly, this Court was not inclined to proceed ahead with the case. But Mr. Ashok Aggarwal insists that this Court proceed with present batch of matters. He clarifies that no relief with regard to patients in Delhi has been sought in the said case.

In pursuance to the order dated 17th December, 2018, Ms. Preeti Sudan, Secretary Department of Health and Family Welfare, Government of India, is personally present. She states that subsequent to the last date of hearing, the Ministry of Health and Family Welfare has issued a non- statutory Gazette Notification dated 18th December, 2018 informing the general public that the National Policy for Treatment of Rare Diseases, 2017 has been kept in abeyance till the revised Policy is issued or till further orders, whichever is earlier. Since there is no challenge to the notification till date, the issue of 'somersault' by the officials of the Ministry of Health and Family Welfare, Govt. of India, is irrelevant for the present proceedings.

However, Ms. Preeti Sudan assures this Court that she would convene a meeting of all stakeholders who are appearing in the present proceedings including learned counsel for the parties, i.e., Mr. Manjit Singh of LSDSS and Ms. Gitanjali Sehgal, FSMA as well as the Amicus Curiae and an authorised representative of ESIC, AIIMS, SANOFI within two weeks to discuss the way forward.

She further states that she will endeavour to notify the new policy for treatment of rare diseases within nine months. She assures this Court that while drafting the new National Policy for Treatment of Rare Diseases, not only the National Policy for Treatment of Rare Diseases, 2017 but also the judgment of this Court in Mohd. Ahmed (Minor) vs. Union of India, 2014 SCC OnLine Del 1508 as well as the United States' Orphan Drug Act 1983, the European Union Regulations 1999, Acts and Policies prevalent in Japan, Australia and Israel shall be taken into account.

Learned counsel for petitioners are directed to respond to the affidavit filed yesterday by the Secretary, Department of Health and Family Welfare, Government of India within three weeks. It is pertinent to mention that it is for the first time in this affidavit it has been stated that the prognosis of Master Ubed and Baby Arshi is not good.

Learned counsel for AIIMS states that in pursuance to this Court's previous orders, the hospital in anticipation had purchased ERT vials but the Health Ministry has neither paid for it nor is giving sanction to administer the same.

Learned counsel for Union of India states that AIIMS had not informed the Ministry of Health about the purchase of vials.

Till the next date of hearing, Master Ubed and Baby Arshi are directed to be provided all necessary treatment in the AIIMS in accordance with the advice of the Doctors.

List on 29th March, 2019.

Order dasti under the signature of Court Master.

MANMOHAN, J FEBRUARY 08, 2019 js