Master Mayank Through Father Ramesh Chand v. UOI And ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11610/2016 MASTER MAYANK THROUGH FATHER RAMESH CHAND ..... Petitioner Through Ms.Ankita Patnaik, Advocate.

versus UOI AND ORS ..... Respondents Through Mr.Kamal Kant Jha, Advocate for UOI.

Mr.Tanmaya Mehta with Mr.Subhash Kumar, Advocates for R-3/SGRH.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 28.04.2017 Today learned counsel for the petitioner states that the petitioner would be satisfied if petitioner's future treatment is carried out at National Institute of Tuberculosis and Respiratory Diseases Hospital, New Delhi.

The respondent no.1-UOI has handed over a counter-affidavit in which it is averred as under:- "2. That para 1 of writ petition is a prayer for direction to Respondent No.1 and 2 for providing monetary assistance to the petitioner in order to enable him to continue his treatment in Respondent No.3 hospital or alternatively, direction to Respondent No.3 to waive off the expenses incurred in the treatment of petitioner and to continue his treatment in Respondent No.3 hospital with monetary assistance from Respondent No.1 and 2.

3. That Respondent No.1 provides services to all TB patients under Revised National Tuberculosis Control Programme (RNTCP) for free diagnosis using sputum smear microscopy and also provides free anti-TB treatment at public sector health facilities.

4. That Respondent No.1 is committed to control TB in the country and services for TB diagnosis are available with more than 13000 designated microscopy centres as well as treatment is made available in almost every village in the country. For patients, who are severely ill due to Tuberculosis, admission facility is available in public sector. Special services like ventilator is also available at Institutes like National Institute of Tuberculosis and Respiratory Diseases Hospital, New Delhi. As such, if the petitioner wishes, he may avail services at such hospitals. Besides, RNTCP is open to provide free drugs for TB treatment even for patients being treated in private sector, if they follow the standards for TB care in India. However, there is no provision for reimbursement of cost of treatment incurred in private hospitals."

In view of the aforesaid averments, this Court directs the Director of National Institute of Tuberculosis and Respiratory Diseases Hospital, New Delhi to ensure that the petitioner's future treatment is carried out at the said hospital.

As far as the issue of waiver of outstanding dues of Sir Ganga Ram Hospital is concerned, this Court gives liberty to the petitioner to file an application with the said hospital seeking the said relief. Needless to state, the petitioner's representation shall be decided sympathetically, in accordance with law.

With the aforesaid directions, present writ petition stands disposed of.

MANMOHAN, J APRIL 28, 2017/KA