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.6756 OF 2019 (GM-RES) BETWEEN:
ROGEETH Y AGED ABOUT 34 YEARS R/AT. 24, 2ND FLOOR SRI. RAMA TEMPLE STREET MURPHY TOWN, ULSOOR BANGALORE-560008.
(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.
… PETITIONER 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 and etc.
This Writ Petition coming on for preliminary hearing 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.
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;
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 5 years, is suffering from gaucher disease. It is further submitted that the facility of 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