Karnataka High Court
Srinivasa S vs State Of Karnataka on 8 February, 2019
Author: Alok Aradhe
Bench: Alok Aradhe
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY 2019
BEFORE
THE HON'BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NO.6753 OF 2019 (GM-RES)
BETWEEN:
SRINIVASA S
S/O SRI. NINGAPPA
AGED ABOUT 36 YEARS
R/AT. GANJIGUNTE
HIREMADHURE, CHITRADURGA DIST
KARNATAKA-577532.
... PETITIONER
(By Mr. KESTHUR N. CHENDRA SHEKHAR, ADV.)
AND:
1. STATE OF KARNATAKA
THROUGH ITS CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU 560001.
2. THE PRINCIPAL SECRETARY
DEPT. OF HEALTH AND FAMILY WELFARE
VIDHANA SOUDHA
BENGALURU 560001.
3. THE COMMISSIONER
DEPT. OF HEALTH AND FAMILY WELFARE
ANANDA RAO CIRCLE
BENGALURU 560009.
4. UNION OF INDIA
THROUGH SECRETARY
NATIONAL HEALTH MISSION
MINISTRAY OF HEALTH AND WELFARE
NIRMAN BHAWAN
NEW DELHI 110011.
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5. INDIRA GANDHI INSTITUTE OF CHILD HEALTH
DHARMARAM COLLEGE POST
NEAR NIMHANS, BENGALURU 560029
REP. BY ITS DIRECTOR.
... RESPONDENTS
(By Mr. Y.D. HARSHA, AGA FOR R1 TO R3
Mr. H. JAYAKAR SHETTY, CGC FOR R4
Mr. N.K. RAMESH, ADV., FOR R5)
---
This Writ Petition is filed under Articles 226 & 227 of the
Constitution of India, praying to direct to the respondents to take
all steps necessary to provide to the petitioner's daughter
continuous, uninterrupted treatment free of cost, to bear the
expenses of such treatment and release the necessary funds as
sought in letters dated 3.4.2018 vide Annex-F & G and etc.
This Writ Petition coming on for Orders this day, the Court
made the following:-
ORDER
Sri.Kesthur N.Chandrashekar, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.1, 2 and 3.
Sri.N.K.Ramesh, learned counsel for the respondent No.5.
Sri.H.Jaykar Shetty, learned Central Government Counsel for respondent No.4.
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2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
"a. Issue a writ in the nature of mandamus or any other writ, order or direction to the respondents to take all steps necessary to provide to the petitioner's daughter continuous, uninterrupted treatment free of cost, to bear the expenses of such treatment and release the necessary funds as sought in letters dated 03.04.2018 vide Annexures-F and G;
b. Pass any such other order/s as this Hon'ble Court may deem fit and proper in the facts of the case in the interests of justice."
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner's daughter aged about 4 years, is suffering from gaucher disease. It is further submitted that the facility of 4 treatment of the aforesaid disease is only possible in the Institution of respondent No.5. It is further submitted that the writ petition be disposed of with a direction to respondent No.2 to take requisite action in terms of the policy. On the other hand, learned Additional Government Advocate submits that suitable action in accordance with law shall be taken.
5. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to the Principal Secretary, Department of Health and Family Welfare, Government of Karnataka, to take action for treatment of the daughter of the petitioner under the National policy for treatment of rare disease in accordance with law expeditiously on an urgent basis.
Sd/-
JUDGE RV