Adrija Mudi And ORS. v. Union Of India And ORS.

D/L. 32.

October 17, 2023.

MNS.

WPA No. 21485 of 2023 Adrija Mudi and others Vs.

Union of India and others Mrs. Sreemoyee Mukherjee, Mr. Kuntal Banerjee ... for the petitioners.

Mr. Asok Kumar Chakraborti, Mr. Arijit Majumdar ...for the Union of India.

Mr. Amal Kumar Sen, Ms. Sahina Sumi ...for the State.

1. The petitioners are minor children, who seek continued treatment with the funding by the Union of India, for the rare diseases being suffered by them.

2. Learned Additional Solicitor General, as well as learned counsel representing the State submit that three Public Interest Litigations as follows are already pending on the self-same subject matter :

i) WPA(P)/20/2023 (with CAN/1/2023) ii) WPA/6300/2023 iii) WPA(A)/9/2023

3. It is contended that Rs. 50,00,000/- cap for such funding by the Central Government is also one of the subject matters before the said Division Bench taking up Public Interest Litigations.

4. Hence, for the sake of propriety, since there may be a conflict of decision in the event the present writ petition is decided by this Court, WPA No. 21485 of 2023 is disposed of by granting liberty to the petitioners to get themselves impleaded in the said Public Interest Litigations of which the concerned Division Bench headed by the Hon'ble the Chief Justice is now in seisin.

5. The merits of the writ petition have not been gone into by this court.

6. There will be no order as to costs.

7. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)