Calcutta High Court (Appellete Side)
Muscular Dystrophy Patient Welfare ... vs Ministry Of Health & Family Welfare & Ors on 8 February, 2024
Author: Supratim Bhattacharya
Bench: Supratim Bhattacharya
08.02.2024
Ct. No.1
Item Nos.49 to 51
PG/KS
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 & 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
Mr. Samin Ahammed
Ms. Saloni Bhattacharyya
.....For the Petitioners
in
(W.P.A.(P) 20 of 2020)
Mr. Sidhdhatha Sankar Mandal
Ms. Arunima Das Sharma
.....For the Petitioners
in
(W.P.A. 6300 of 2023)
Mr. Kaushik Gupta
Ms. Srimoyee Mukherjee
.....For the Petitioners
in
(W.P.A.(P) 9 of 2023)
Mr. Asok Kumar Chakraborti
Mr. Arijit Majumder
.....For the U.O.I.
in
W.P.A.(P) 20 of 2020) &
W.P.A. 6300 of 2023
2
Mr. Tapan Kumar Mukherjee, Sr. Adv.
Mr. Somnath Naskar
.....For the State
in
(W.P.A. 6300 of 2023)
Ms. Rajarshi Venket Kundaliya
.....for the Kendriya Vidyalaya Sanghathan
1.We have heard the learned advocates for the parties. In the order dated 18 th January, 2024, certain observations and directions have been made and in terms of the said directions, the learned advocate appearing for the petitioners in W.P.A.(P) 20 of 2020 has filed the points for consideration to alleviate the sufferings of the patients suffering from the Muscular Dystrophy. The written notes containing the bullet points has been filed by Ms. Nandini Mitra, learned advocate for the petitioners is taken on record.
2. In the said order dated 18th January, 2024, we had also made certain observations with regard to the admission of Chiranjeev Ghosh in Kendriya Vidyalaya, Ballygunge. We requested Ms. Rajarshi Venket Kundaliya, learned advocate to accept notice on behalf of the Kendriya Vidyalaya Sanghathans and requested the learned advocate to contact the Principal of the school and discuss the matter 3 and place the outcome of such discussions before this Court.
3. The learned counsel has carried out the directions and interacted with the Principal of the school and from the data maintained by the school, it is seen that the candidate, Chiranjeev Ghosh has been provisionally selected and he has been waitlisted for admission in Class - I and his lottery number is 17 (waiting list 15).
4. It is not clear as to what is the physical disability, which is suffered by the other students, who are kept in the waiting list but from the information, which is available, the Court has no hesitation to hold that the other child, who is waiting for the admission would not be under the category of the disability suffered by Chiranjeev Ghosh.
5. One more important factor, which is to be borne in mind with regard to Chiranjeev Ghosh is that is elder brother, who is also affected by the same rare disease has been given admission in Kendriya Vidyalaya, Ballygunge and he studying in the said school in Class - III and as observed earlier, the father of the student has given up his job and stays with the elder son in the school till the school gets over. 4
6. Therefore, we are of the view that this is one of the rarest of the rare cases, where the Court can take notice of the pitiable condition in wich the parents of the child are put to and taking into consideration that in terms of the guidelines for admission in Kendriya Vidyalaya Sanghathans, there is a quota for differently abled category fixed at 3% of the total available seats for fresh admissions, which has to be horizontally filled up and also bearing in mind that the said quota of 3% is said to have been already filled up, we are of the view that there can be no other rare case as that of the case on hand, where a relaxation has to be made in favour o the candidate, Chiranjeev Ghosh.
7. Therefore, we direct the Principal of the Kendriya Vidyalaya, Ballygunge to admit Chiranjeev Ghosh in Class - I for the academic session 2023-2024 with the condition that the father of the students shall remain with the child till the close of the school hours.
8. As observed earlier, this order is passed under the peculiar facts and circumstances of the case and very few people know about the suffering of the persons afflicted by this Muscular Dystrophy, which is a progressive disease and there is no treatment or permanent 5 cure for such disease and it involves management of the patient for the rest of his life.
9. Therefore, this being a rarest of rare cases, this Court has issued this direction and this direction shall be implemented and the admission of the candidate shall be regularized by the Commissioner/Deputy Commissioner of Kendriya Vidyalaya Sanghathans, New Delhi.
10. It is submitted by Ms. Rajarshi Venket Kundaliya that in the guidelines for admission to Kendriya Vidyalaya Sanghathans, there is no sibling quota. However, this order shall not be treated to be an order as if creating a sibling quota in the Kendriya Vidyalaya Sanghathans, but this order has been passed considering the peculiar facts and circumstances and the Court is sure that there may not be any such precedent in future as well. The Commissioner as well as the Deputy Commissioner, Kendriya Vidyalaya Sanghathans are directed to regularize the admission.
11. The above direction be complied with within one week from the date of which the server copy of this order is communicated to the Principal, Kendriya Vidyalaya Singhathans, Ballygunge.
6
12. List the matters on 22nd February, 2024.
(T. S. SIVAGNANAM) CHIEF JUSTICE (SUPRATIM BHATTACHARYA, J.)