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Rajasthan High Court - Jaipur

Zamil Son Of Ismile vs State Of Rajasthan on 15 October, 2019

Author: Ashok Kumar Gaur

Bench: Ashok Kumar Gaur

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 17098/2019

Zamil Son Of Ismile
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan
                                                                ----Respondent

For Petitioner(s) : Mr. Mukesh Kumar Verma, Adv. For Respondent(s) : Dr. Vibhuti Bhushan Sharma, AAG.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 15/10/2019 Counsel for the petitioner is permitted to remove the defect/s within two weeks.

Dr. Vibhuti Bhushan Sharma, Additional Advocate General submitted that National Policy on rare disease is under review by Government of India, Ministry of Health and Family Welfare (Rare Disease Cell). Counsel further informed to this Court that the policy for treatment of Rare Disease, 2017 has been kept in abeyance by the Central Government vide gazette notification dated 18.12.2018. Counsel further submitted that the State Government has little role in giving assistance to the petitioner in his treatment. Counsel further informed to this Court that at present the petitioner is undergoing treatment by a private company and in order to promote the business interest of the private company, treatment is offered to the petitioner for a period of three months.

Mr. Mukesh Kumar Verma, learned counsel appearing for the petitioner submitted that the petitioner is in dire need of regular (Downloaded on 22/10/2019 at 09:19:15 PM) (2 of 2) [CW-17098/2019] treatment and it is the duty of the State Government as well as of the Central Government to provide adequate medical facilities to the citizens, including the petitioner. Counsel also submitted that the different High Courts have passed orders from time to time giving directions to the Authorities-State Government to provide necessary medical facility to the persons who are suffering from disease Gaucher.

This Court deems it proper to permit the counsel for the petitioner to make Union of India as a party in the present writ petition. Counsel for the petitioner may file proper application to this effect. This Court also has taken into account that for the time being, treatment of the petitioner is ensured by the private company, however the continuation of treatment of the petitioner of rare disease, will be considered by this Court, after Union of India puts appearance before this Court.

List this case on 04.11.2019.

(ASHOK KUMAR GAUR),J Ramesh Vaishnav/86/116 (Downloaded on 22/10/2019 at 09:19:15 PM) Powered by TCPDF (www.tcpdf.org)