Calcutta High Court (Appellete Side)
Muscular Dystrophy Patient Welfare ... vs Ministry Of Health & Family Welfare on 12 September, 2025
12.09.2025
Item Nos.1 to 3
Ct. No.1
Saikat/Raja
W.P.A.(P) 20 of 2020
with
IA No. CAN 1 of 2023
+
CAN 2 of 2023
Muscular Dystrophy Patient Welfare Society & Anr.
-Vs.-
Ministry of Health & Family Welfare
Government of India & Ors.
WITH
W.P.A. 6300 of 2023
Yuvaan Singh & Ors.
-Vs.-
Union of India & Ors.
WITH
W.P.A.(P) 9 of 2023
Parivaar Bengal & Anr.
-Vs.-
State of West Bengal & Ors.
Ms. Nandini Mitra, Adv.
Ms. Saloni Bhattacharyya, Adv.
Ms. Gulsanwara Pervin, Adv.
.....For the Petitioners
in
[W.P.A.(P) 20 of 2020]
Mr. Biswaroop Bhattacharya, Adv.
Mr. Sidhdhatha Sankar Mandal, Adv.
Ms. Arunima Das Sharma, Adv.
.....For the Petitioners
in
(W.P.A. 6300 of 2023)
Mr. Kaushik Gupta, Sr. Adv.
Ms. Srimoyee Mukherjee, Adv.
....For the Petitioner
in
[WPA(P) 9 of 2023]
Mr. Asok Kumar Chakraborti, A.S.G.
Mr. Tirthapati Acharya, Adv.
Mr. Arijit Majumder, Adv.
.....For the U.O.I.
In
[W.P.A.(P) 20 of 2020] &
(W.P.A. 6300 of 2023)
2
Mr. Kishore Dutta, A.G.
Mr. Tapan Mukherjee, A.G.P./Sr. Adv.
Mr. Nilotpal Chatterjee, Adv.
Mr. Somnath Naskar, Adv.
Mr. Suddhadev Adak, Adv.
.....For the State
Mr. Suman Chattopadhyay, Adv.
...For the Respondent
in WPA(P) 9 of 2023
1. We have heard the learned Advocate General and learned counsels appearing for the other respective parties.
2. It is heartening to note that the Government, more particularly the Health and Family Welfare Department, Government of West Bengal has been proactive to the orders which were passed by this Court from time to time and the Director of Medical Education, Government of West Bengal has submitted a report dated 12th September, 2025, (which is taken on record) with regard to the action taken by the Department of Health and Family Welfare in connection with various direction issued in the order dated 28th August, 2025.
3. We are happy and pleased to note that the Department of Health and Family Welfare had taken expeditious steps to comply with the directions and the action taken has been given in a tabular format and for better appreciation, the same is quoted hereunder:-
3Paragraph Orders of the Hon'ble Action taken by the No. Court at Calcutta Dept. of H&FW Paragraph With regard to supply of An order No.3 wheel chairs to the vide no.HFW-
persons affected by the 38099/22/2025/ rare disease the learned advocate appearing for M/2426 dated the petitioners in WPA (P) 09.09.2025 has 20 of 2020 submitted been issued by that order has been the Department placed on the supplier of H& FW, M/s. Home Hospital Pvt. wherein it has Ltd. for ten chairs and payment has already been notified to been effected and it will increase the OPD be distributed on 7th days for Rare September, 2025. In our Disease Clinic order dated 13th August, from one day to 2025, in paragraph - 12 two days in we have mentioned about installation of sleep a week with study equipment along immediate effect.
with bipap machine and Copy of the order in the same order we have is annexed with suggested for increasing the report and the clinic to at least two marked as days in a week. The Professor Department of Annexure-1.
Neonatology, Nodal Officer and COE of Rare Disease IPGME&R, SSKM Hospital, has given a report dated 27th August, 2025, 3 wherein it has been stated that the day of Rare Disease Clinic at COE may need to be increased from one to two per week, provided the additional staffs are appointed from the Department of Health and Family Welfare, Government of West Bengal to the COE to run the OPD. The activities of the multidisciplinary rare disease clinic are in addition to the routine clinical duties of the faculties of COE, IPGME&R, Kolkata.
Paragraph In the light of the above Three Specialist No.4 report, we direct the Medical Officers Principal Secretary, have been detailed Department of Health and Family Welfare, at IPGMER, CoE in Government of West this regard, copy of Bengal to provide the order is 4 additional staffs to the annexed with the COE for increasing report and marked the number of OPD days. as Annexure-II. These allotments shall be made within 15 days from the date of receipt of server copy of this order. Paragraph With regard to the sleep Two sleep study No.5 study equipment, it is equipment are stated that the available with the approximate cost of the machine is Rs.30 SSKM & IPGMER lakhs. The Principal and with the Secretary, Finance Institute of Department, Government Psychiatry (IoP). In of West Bengal and the case additional Principal Secretary, numbers of Department of Health and Family Welfare, machines are Government of West required for the Bengal are directed to work, such provide appropriate order, additional number sanctioned funds for of machines would purchase of the sleep be proved by the study equipment along with bipap machine to be Department. installed in the hospital and this may be prioritized and requisite sanction be made at the earliest but not later than 15 days from the date of receipt of server copy of this order.
Paragraph This Court on two The issue involves No.6 previous occasions has policy decision and made a suggestion to the hence, the matter is State Government for providing a being placed to stipend of Rs.5000/- per competent person suffering from rare authority. Hence, disease considering the some more time total number of persons may be allowed in who have been registered this regard.
in the portal. The Court suggested that the approximate number of persons can be fixed at 500 and funds may be made available. Mr. Mukherjee, learned senior government counsel appearing for the State submitted that the matter is under active consideration of the Finance Department. It needs to be pointed out that a report in the form 5 of affidavit was to be filed by the appropriate authority of the State but no such report has been filed as yet. The Principal Secretary, Department of Health and Family Welfare, Government of West Bengal and the Principal Secretary, Department of Finance are directed to take note of the recommendations made by this Court and appropriate sanction order be issued within 15 days from the date of receipt of server copy of this order and the same be reported before this Court on the next date of hearing.
Paragraph We are thoroughly Information relating
No.7 disappointed with the to UDID and
State Disability
Government. Any
information with regard to Certificate issues
the are attached
directions/observations separately and
and difficulties faced in marked as
obtaining UDID Cards Annexure-III. and other related matters, it appears that the concerned authorities are not taking the matter seriously and they need to be reminded that if orders of the Court are not obeyed the Court is entitled to initiate suo motu contempt proceeding which may result in unpleasant adverse consequences. Therefore, the appropriate authorities of the State are directed to respond to the observations made and directions issued by this Court in order dated 13th August, 2025, with regard to UDID Cards on the next date, failing which the Court may be constrained to take action under the Contempt of Court's Act.
6Paragraph Equally, we are also A 50-bedded No.8 disappointed with the fact Critical Care Block that no action has been (CCB) is on its verge initiated with regard to the of completion at proposal to provide five Kolkata Police bedded ICU unit in the Hospital and would Kolkata Police Hospital in start functioning the ground floor in within two months. paragraph 11 of the order Five ICU/CCU beds dated 13th August, 2025, it would be was observed that the earmarked at this Principal Secretary, CCB for rare Department of Health and disease patients.
Family Welfare,
Government of West
Bengal shall examine this aspect and request was made to the Principal Secretary to give his personal opinion so that five bedded ICU unit is established. No instruction has been given to the learned advocate appearing for the State and all that we can express is our disappointment.
4. Thus, it could be seen that most of the directions have been complied with and with regard to the UDID and Disability Certificate in the report of Director of Medical Education, a report by ADHS - SBHI/Mental Health & State Coordinator -UDID, Department of H&FW, Government of West Bengal dated 9th September, 2025, has been annexed. We direct the learned advocate appearing for the petitioners to go through the said annexures and if any further clarification is required the same can be placed before this Court on the next hearing date.
75. Ms. Nandini Mitra, learned advocate appearing for the petitioner in WPA(P) 20 of 2020 has submitted that wheelchairs have been purchased and on September 7, 2025, the wheelchairs have been handed over to the children and a photograph in this regard has been placed before this Court which is taken on record.
6. The learned advocate for the petition has also prepared a tabulated statement captioned 'Bullet Points' of the orders which contains dates of the various orders passed by this Court and the directions given from time to time to assist. This is also taken on record. The learned advocate for the petitioner shall keep updated the 'Bullet Points' as and when direction is issued.
7. We also record the presence of Prof. Dr. Suchandra Mukherjee, Head of the Department, Neonatology, Nodal Officer and COE of Rare Disease IPGME&R, SSKM Hospital, Kolkata, and the Court conveys deep sense of appreciation to the learned Professor.
8. One other issue which is flagged is with regard to compulsory prenatal screening for deducting DMD, which is also a rare disease. It is submitted that such screening is available for SMA, which is also one of the rare diseases but definite protocols have not been put in place so far as prenatal screening for DMD.
89. The State Government can explore the possibilities of extending this screening which is now being done for SMA to enable early deduction of DMD cases. The appropriate authority of the Government shall examine the aspect and place their view points in the form of a report.
10. List the matter on 15th September, 2025.
[T.S. SIVAGNANAM] CHIEF JUSTICE [CHAITALI CHATTERJEE (DAS), J.]