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Union Of India vs Master Arnesh Shaw & Anr on 8 May, 2023

Author: Satish Chandra Sharma

Bench: Chief Justice, Subramonium Prasad

                          $~47.
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       LPA 365/2023
                                  UNION OF INDIA                                        ..... Appellant
                                                     Through:       Mr. Chetan Sharma, ASG with Mr.
                                                                    Kirtiman Singh, CGSC, Mr. Amit
                                                                    Gupta, Mr. Vidhi Jain and Mr.
                                                                    Saurabh Tripathi, Advocates.

                                                     versus

                                  MASTER ARNESH SHAW & ANR.                             ..... Respondent
                                                     Through:       Mr. Rahul Malhotra and Mr. Manas
                                                                    Tripathi, Advocates for Respondent.
                                                                    Mr. Asif Ahmed, Advocate for
                                                                    Respondent.
                                                                    Mr. Ashok Agarwal, Ms. Nishtha Jain
                                                                    and Mr. Manoj Kumar, Advocates for
                                                                    Respondents.
                                                                    Mr. Tanveer Oberoi, Advocate for
                                                                    Respondent No.2/ AIIMS.
                                                                    Ms. Shyel Trehan, Amicus Curiae,
                                                                    with Mr. Rohan Poddar and Ms.
                                                                    Shivalika Rudrbatla, Advocates.

                                  CORAM:
                                  HON'BLE THE CHIEF JUSTICE
                                  HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                     ORDER

% 08.05.2023 CM APPL. 23401/2023 Exemptions allowed, subject to all just exceptions. Application stands disposed of.

Mr. Rajiv Manjhi, IAS, Joint Secretary, Ministry of Health and Family Welfare is present in person and has informed this Court that the Government of India has sanctioned about Rs. 40 crores vide order dated 08.05.2023 under the National Policy for Rare Diseases, 2021.

Out of the Rs. 40 crores, Rs. 10 crores have been sanctioned only for All India Institute of Medical Science, and the matter is under active consideration for releasing the further amount which is required for treatment of such children.

By order dated 03.05.2023, the Secretary, Department of Health and Family Welfare was directed to remain present before the learned Single Judge. The learned ASG has stated that the Secretary, Department of Health and Family Welfare is already having a meeting of Committee of Secretaries on 10.05.2023 at 3:00 P.M., and in his place Mr. Rakesh Manjhi, Joint Secretary will remain present before the Learned Single Judge to assist the Court. The prayer made by the Learned ASG is allowed. The Order dated 03.05.2023 is modified to that extent. The Joint Secretary shall remain present to assist the Court.

List on 12.05.2023.

SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J MAY 8, 2023 aks Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:11.05.2023 14:45:42