Jharkhand High Court
Saurabh Kumar Singh vs The State Of Jharkhand Through Chief ... on 7 March, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No.222 of 2018
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Saurabh Kumar Singh, age 37 years, S/o Sri Nagendra Singh,
resident of Aishwarya Residency, D/4, Road No.4, Dipatoli,
P.O., P.S. Pundag, District-Ranchi .......... Petitioner.
-Versus-
1. The State of Jharkhand through Chief Secretary, Government
of Jharkhand, Project Bhawan, P.O.-Project Bhawan, P.S.
Jagannathpur, District-Ranchi.
2. Smt. Nidhi Khare, the Principal Secretary, Department of
Health and Family Welfare Department, Government of
Jharkhand, Nepal House, Doranda, Ranchi.
3. Sri Lav Agrawal, Joint Secretary, Health and Family Welfare
Department, Cabinet Secretariat, Union of India, Nirman
Bhawan, New Delhi-110011.
4. Dr. D.K. Singh, Director RIMS, Bariyatu, Ranchi.
.......... Opposite Parties.
With
Civil Review No.16 of 2019
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Union of India, through the Secretary, Ministry of Health and
Family Welfare Nirman Bhawan, Near Udyog Bhawan, Metro
Station, Maulana Azad Road, New Delhi.
.......... Petitioner.
-Versus-
1. Saurabh Kumar Singh son of Sri Nagendra Singh, resident of
Aishwaraya Aishwarya Residency, D/4, Road No.4, Dipatoli,
P.O., P.S. Pundag, District-Ranchi.
2. The State of Jharkhand through Chief Secretary, Government
of Jharkhand, Project Building, P.O.-Dhurwa, P.S.
Jagarnathpur, District-Ranchi.
3. Chief Secretary, Government of Jharkhand, Project Building,
P.O. Dhurwa, P.S. Jagarnathpur, Ranchi.
4. The Principal Secretary, Department of Health and Family
Welfare Department, Government of Jharkhand, Nepal House,
Doranda, Ranchi.
5. The Chief Medical Officer, Sadar Hospital, Ranchi, P.S. Lower
Bazar, P.O. G.P.O., District-Ranchi. ........... Respondents
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mrs. Vani Kumari, Advocate
[In Cont. Case (Civil) No.222 of 2018]
For the State : Mrs. Sunita Kumari, A.C. to Sr. S.C.-II
[In Cont. Case (Civil) No.222 of 2018 and
Civil Review No.16 of 2019]
For the UOI : Mr. Anil Kumar, A.S.G.I.
[In Civil Review No.16 of 2019]
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Order No.38 Date: 07.03.2025
1. Mr. Anil Kumar, learned Additional Solicitor General of India
refers to the supplementary affidavit filed on behalf of the
review-petitioner (the Union of India) dated 21st February,
2025, the relevant paragraphs of which read as under :
"5.That it is stated that the Government of India, Ministry of
Health and Family Welfare vide its letter dated 11.08.2022 has
issued guidelines and procedures for giving financial assistance
to the patients suffering from various rare diseases which has
also been approved by competent authority. The same is brought
on record by way of present supplementary affidavit. Photocopy
of letter dated 11.08.2022 is annexed herewith and marked as
Annexure-ASA-1 to the present affidavit.
6.That the same is in consonance with the National Policy for
Rare Diseases (NPRD), 2021 wherein review of the National
Policy for treatment of Rare Disease, 2017 was made and
procedures have been laid down for implementation of the
strategy for fighting rare diseases. When the policy in 2021 was
initially formulated, a benefit of INR 20 lakhs was extended to
individuals in Group 1 diseases. However, an amendment was
carried out on 19.05.2022 which extended the treatment cost to
INR 50 lakhs over their life time and to individuals who fall under
any of the three groups of Rare Diseases conceived under NPRD,
2021. The benefit under the NPRD, 2021 could be claimed
outside the umbrella of Rashtriya Arogya Nidhi where the funds
are allotted to various Centres of Excellence (CoEs) from the
Ministry of Health and Family Welfare, which will thereafter
administer the allotted amounts, within the cap placed under the
NPRD, 2021. Photocopy of National Policy for Rare Diseases,
2021 and Notification dated 19.05.2022 are annexed herewith
and marked as Annexure-ASA-2 and ASA-3 to the present
affidavit.
7.That it is further stated that in similar case
(WP(C)/5315/2020) titled as Master Arnesh Shaw & Ors Vs UOl,
the Hon'ble High Court of Delhi, vide Judgement dated
04.10.2024, had passed various directions for Union of India,
National Rare Diseases' Committee (NRDC) and pharmaceutical
companies including directions to provide free and continuous
treatment with financial support beyond the ceiling of Rs. 50
Lakh as prescribed under NPRD, 2021. The directions passed
vide Judgement dated 04.10.2024 were examined in the
Department. Since the directions passed by the Hon'ble High
Court of Delhi were not in consonance with the provisions of the
National Policy for Rare Diseases (NPRD), 2021, and thus
appeared non-implementable, MoHFW has filed an appeal in the
form of a Special Leave Petition (SLP) No. 28777/2024 in the
Hon'ble Supreme Court against the Judgement dated
04.10.2024 of the Hon'ble High Court of Delhi. Hon'ble Apex
Court vide order dated 9.12.2024 has stayed the operation of the
impugned judgment. The Hon'ble Supreme Court heard the
matter оп 09.12.2024 and inter alia passed the following
directions:
"In the meanwhile, the petitioner, Union of India, will
comply with the terms and conditions of the
Cont. Case (Civil) No.222 of 2018
With
notification/Office Memorandum File No.: W-
11037/40/2022-Grants (RD) dated 19.05.2022
issued by the Rare Diseases Cell, Ministry of Health
and Family Welfare, Government of India.
There will be stay of operation of the impugned
judgment, subject to the petitioner, Union of India,
complying with the aforesaid notification and also
issuing directions for payment on a case to case
basis, whenever it is required."
Photocopy of Order dated 4.10.2024 passed by Hon'ble Delhi
High Court and order dated 9.12.2024 passed by Hon'ble Apex
Court are annexed herewith and marked as Annexure- ASA-4
and ASA-5 to the present affidavit."
2. It is, thus, submitted by the learned A.S.G.I. that as per Office
Memorandum dated 19th May, 2022 issued by the Government
of India, Ministry of Health & Family Welfare (Rare Diseases
Cell), the financial support to the patients suffering from any
category of the rare diseases as per National Policy for Rare
Diseases, 2021 (in short "NPRD, 2021") has been enhanced
from Rs.20 lakhs to Rs.50 lakhs and the said benefit will be
provided to such patients for the treatment in any of the
Centres of Excellence (COE) mentioned in NPRD, 2021 outside
the Umbrella Scheme of Rashtriya Arogya Nidhi. Hence, the
son of the writ-petitioner, who does not belong to the BPL
family will also be benefitted in view of the Office Memorandum
dated 19th May, 2022.
3. Learned A.S.G.I. also submits that in view of the Office
Memorandum dated 19th May, 2022, the civil review preferred
by the Union of India has become infructuous. Now the writ-
petitioner may apply seeking financial assistance in terms with
the NPRD, 2021 as modified vide Office Memorandum dated
19th May, 2022 for treatment of his son, namely, Saurya Singh,
Cont. Case (Civil) No.222 of 2018
With
who is suffering from rare disease i.e., MPS II (Hunter
Syndrome).
4. Considering the aforesaid stand taken by the Union of India in
the supplementary affidavit dated 21st February, 2025 as well
as the submissions of learned A.S.G.I., there is no need to
proceed further with the present contempt matter as the
financial assistance is now to be extended to the petitioner's
son in view of NPRD, 2021 as modified vide Office
Memorandum dated 19th May, 2022 which however be subject
to the final outcome of Special Leave to Appeal (C) No.28777
of 2024. The contempt proceeding as against the Opposite
Parties is, hereby, dropped.
5. The contempt application is, accordingly, disposed of.
6. The review petition is also disposed of as infructuous.
(Rajesh Shankar, J.)
Rohit/
Cont. Case (Civil) No.222 of 2018
With
