Calcutta High Court (Appellete Side)
Rp/Ks Muscular Dystrophy Patient ... vs Ministry Of Health & Family Welfare & Ors on 17 April, 2023
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
1
15 & 17.04.2023 W.P.A.(P) 20 OF 2020
16 Ct.No.1 No. CAN 5519 of 2019)
RP/KS Muscular Dystrophy Patient Welfare Society & Anr.
Vs.
Ministry of Health & Family Welfare & Ors.
With
W.P.A.(P) 9 OF 2023
Parivaar Bengal & Ors.
Vs.
State of West Bengal & Ors.
Ms. Nandini Mitra
Mr. S. Ahammed
Ms. S. Bhattacharyya
... For the Petitioners (W.P.A.(P) 20 OF 2020)
Mr. S. N. Mookherjee
Md. T.M. Siddiqui
Mr. Nilotpal Chatterjee
.....For the State (W.P.A.(P) 20 OF 2020)
Mr. Dhiraj Trivedi
Mr. Arijit Majumdar
.....For the UOI (W.P.A.(P) 20 OF 2020)
Mr. Kaushik Gupta
Ms. S. Mukherjee
.....For the Petitioners (W.P.A.(P) 9 OF 2023)
Mr. Suman Chattopadhyay
.....For the UOI (W.P.A.(P) 9 OF 2023)
1.Affidavit filed on behalf of the State is taken on record.
2. Learned Advocate General appearing on behalf of the State submitted that 34 persons have reported who are suffering from a rare disease and out of them 11 persons have been identified to have been affected by the muscular dystrophy disease and their names have been included in 2 the list to make them eligible to receive appropriate benefits from the Central Government. It is submitted that some more persons are also in the process of identification and enlistment. It is further stated that funds can be paid only if their names are registered with the web portal. It would take a minimum of one month for such web portal to become active.
3. The learned Deputy Solicitor General appearing for the Union of India would submit that the affidavit of the appropriate authority of the Central Government is being affirmed at Delhi and will be filed on the next hearing date, copies of which have already been served on the learned advocates for the parties.
4. Let the appropriate authority of the State Government file a concise report with regard to the number of persons suffering from muscular dystrophy, who have already been registered and the others who are in the process of being identified and registered. Let this report be served on the learned advocates for the parties by 21st April, 2023.
5. List this matter on 25th April, 2023 higher on board.
6. Learned Deputy Solicitor General shall also provide necessary information as to where other centres of excellence are available and whether other centres of 3 excellence in addition to the centre which is at present located in Calcutta can be established in other parts of the State considering the remoteness of certain districts. This is required considering the fact that the persons, who are affected with such type of diseases will not be able to travel long distances.
(T. S. Sivagnanam) Acting Chief Justice (Hiranmay Bhattacharyya, J.)