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Rajasthan High Court - Jaipur

Rafiq Mohd. Son Of Shri Fateh Mohammed vs Union Of India on 13 September, 2019

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 8481/2019

Rafiq Mohd. Son Of Shri Fateh Mohammed, Aged About 37 Years,
Resident Of Baal Chand Ki Haveli Sheerpura, Kota (Raj.)
                                                                                  ----Petitioner
                                             Versus
1.       Union Of India, Through Its Secretary, Ministry Of Health
         And Family Welfare Department, New Dlehi.
2.       State Of Rajasthan, Through Chief Secretary, Government
         Of Rajasthan, Secretariat, Jaipur.
3.       Principal        Secretary         Medical         And      Health        Department,
         Government Of Rajasthan, Secretariat, Jaipur.
4.       Director        (Nhm),         Directorate          Of     Medical        And       Health
         Services, Nhm Block, 3Rd Floor, Swasthya Bhawan,
         Behind Secretariat, Tilak Marg, Jaipur.
                                                                             ----Respondents
For Petitioner(s)                 :     Mr. Amit Sharma, Adv.
For Respondent(s)                 :     Mr. Ashish Kumar on behalf of
                                        Mr. RD Rastogi, ASG for UOI.



HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 13/09/2019

1. The petitioner is suffering from rare disease of Gaucher and has prayed for providing financial assistance for his treatment.

2. Learned Counsel relies on several judgments passed by various High Court and this Court therefore, issued notice to the Union of India. Mr. Ashish Kumar, Adv. appearing on behalf of Mr. RD Rastogi, Addl. Solicitor General for Union of India and file his reply and submitted that a national policy for treatment of rare diseases is in the way in view of the judgment passed by the High (D.B. SAW/422/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 06/06/2021 at 08:33:27 PM) (2 of 2) [CW-8481/2019] Court of Delhi in Sh. Mohd. Rafiq Tantry Vs. All India Institute of Medical Sciences & Ors- W.P.© 1266/2018 & CM Appl. No.5278/2018. He has also filed counter affidavit which is taken on record.

3. Having noticed that the respondents have already been directed to frame a national policy for rare diseases and provide financial assistance to such patients, this Court deems it appropriate to direct that in the meanwhile, the respondent-Union of India to provide financial assistance for treatment to the petitioner at JK Loan Hospital, Jaipur. If required, assistance may also be provided for further treatment to the petitioner at All India Institute of Medical Science (AIMS), New Delhi.

4. With the said directions, the writ petition is disposed of.

(SANJEEV PRAKASH SHARMA),J NAVAL KISHOR /486 (D.B. SAW/422/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 06/06/2021 at 08:33:27 PM) Powered by TCPDF (www.tcpdf.org)