Mushtaque Ahamad v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2161 of 2019 ====================================================== Mushtaque Ahamad Son of Gafoor Ansari Resident of Mohalla/VillageJajwalia, P.S. Vijaypur, Distt. Gopalganj. ... ... Petitioner/s

Versus

1.

The Union of India through Secretary, Ministry of Health and Family Welfare, Govt. of India, Nirman Bhavan, C-Wing New Delhi-110001 2.

The State of Bihar through Chief Secretary, Government of Bihar, Patna Patna 3.

The Principal Secretary, Health Department, Govt. of Bihar, Patna 4.

The Chairman Bihar Health Society, Bihar Patna 5.

The Secretary Health Department, Govt. of Bihar, Patna 6.

The Director in Chief, Health Services (Patient Welfare) Health Department, Patna Bihar 7.

The Special Secretary, Health Services (Patient Welfare) Health Department, Patna Bihar 8.

The Additional Secretary, Health Services (Patient Welfare) Health Department, Patna Bihar 9.

The Joint Secretary, Health Services (Patient Welfare) Health Department, Patna Bihar 10.

The Deputy Secretary, Health Services (Patient Welfare) Health Department, Patna Bihar 11.

The Under Secretary, Health Services (Patient Welfare) Health Department, Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devanand Tiwari For the Respondent/s :

Mr.S.D. Yadav (Aag9) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2019 The present writ petition has been filed seeking financial assistance from the Union of India for treatment of the 'Goucher's' diseases, by which the son of the petitioner has been inflicted with.

The learned counsel for the petitioner has referred to the National policy for treatment of Rare diseases issued by the

Patna High Court CWJC No.2161 of 2019(4) dt.05-09-2019 2/2 Ministry of Health and Family Welfare, Government of India, New Delhi.

Considering the aforesaid policy of the Government of India, it is apparent that the petitioner is required to approach the Rare Diseases Cell, Public Health Division, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi for the purposes of applying for financial assistance for the treatment of a Rare disease.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the aforesaid Rare Disease Cell by making appropriate representation within a period of four weeks from today whereupon the appropriate authority shall take appropriate decision with regard to grant of financial assistance to the son of the petitioner for treatment of the Rare disease, said to have infected the son of the petitioner. It is expected that the final decision shall be taken expeditiously.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U