IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS. 14945 & 15443-444 OF 2019 (GM-RES) BETWEEN:
1. MR. SYED UMMER SON OF MR. SYED MUSTAFA EHSAAN AGED ABOUT 28 YEARS RESIDING AT NO.213, 11TH CROSS WILLIAMS TOWN, BENSON TOWN BENGALURU – 560 046.
2. MS. NIHARIKA DAUGHTER OF MR. K. RAJASHEKAR REDDY AGED ABOUT 29 YEARS RESIDING AT 201 ADITHYA HOMES, 8TH MAIN JUDICIAL LAYOUT, GKVK POST BENGALURU – 560 065.
3. PRIMARY IMMUNODEFICIENCY PATIENTS’ WELFARE SOCIETY (PIDPWS) A SOCIETY REGISTERED UNDER THE PROVISION OF SOCIETIES REGISTRATION ACT, 1860 REGISTERED OFFICE AT NO.25A, 2ND FLOOR, HHS/HMS COMPLEX CUBBONPET MAIN ROAD BENGALURU – 560 002 REPRESENTED BY ITS SECRETARY MRS. RUKHSANA M.H.
... PETITIONERS (BY SRI.M.H. HANEEF, ADVOCATE) AND :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, AMBEDKAR BEEDI BENGALURU – 560 001.
2. THE MEDICAL EDUCATION GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY M.S. BUILDING, AMBEDKAR BEEDI BENGALURU – 560 001.
3. THE HEALTH AND FAMILY WELFARE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU – 560 001.
4. THE INDIRA GANDHI INSTITUTE FOR CHILD HEALTH REPRESENTED BY ITS DIRECTOR 1ST BLOCK, JAYANAGAR NEAR NIMHANS HOSPITAL BENGALURU – 560 027.
... RESPONDENTS (BY SRI Y.D. HARSHA, AGA FOR R.1 TO R.3, SRI. N.K. RAMESH, ADVOCATE FOR R.4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 TO TAKE ALL NECESSARY STEPS TO PROVIDE THE P.1 AND P.2 UNINTERRUPTED TREATMENT AT FREE OF COST AS PER THE GOVERNMENT ORDERS DATED 12.10.2017 AND 23.12.2017 (ANNEXURES-G AND K AND ETC.
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THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.M.H.Haneef, learned counsel for the petitioners.
Sri.Y.D. Harsha, learned Additional Government Advocate for respondent Nos.1 to 3 and Sri.N.K.Ramesh, learned counsel for respondent No.4.
Petitions are admitted for hearing. With the consent of both the parties, the same are heard finally.
2. In this petition, petitioners inter alia seek for a writ of mandamus directing respondent No.4 to take all necessary steps to provide medicines to petitioner Nos.1 and 2 and uninterrupted treatment as per the Government Orders dated 12.10.2017 and 23.12.2017.
3. When the matters are taken up today, learned counsel for the petitioners submits that the petitioners are suffering from primary immunodeficiency, which is a rare decease. It is further submitted that the petitioners be granted liberty to submit certificate in any of the hospitals under the Bengaluru Medical College and to obtain indent from any of the hospitals under the Bengaluru Medical College and produce the same before respondent No.4 and respondent No.4 be directed to hand over the medicines to the petitioners.
4. Whereas, learned counsel for respondent No.4 submits that in case the petitioners produce such an indent and the medicines are available with respondent No.4, the same shall be released in their favour.
5. In view of the aforesaid submission and in the facts of the case, the writ petitions are disposed of with a direction that in case the petitioners produce the indent from any of the hospitals under the Bengaluru Medical College, respondent No.4 shall hand over the medicines to the petitioners subject to the medicines being available with respondent No.4 expeditiously as per the existing Government Policy.
Sd/- JUDGE SA