SIBA PRASAD NAYAK Vs. DIRECTOR, HEALTH SERVICE

JUDGEMENT

(1.) The petitioner Sri Siba Prasad Nayak who is a Government employee working as S.A. in the office of the D.P.S. & P. Madhupatana, Cuttack has filed the present writ application seeking direction to the opposite parties and in particular, Opposite party No. 1 (The Director, Health Service and Chairman of Technical Committee of Muscular Dystrophy Patients in the State of Odisha) to issue a "referral certificate" for his son, namely, Sarada Prasad Nayak to go for treatment of "Muscular Dystrophy" disease (Stem-cell therapy) at Chaitanya Hospital, Chinchwad, Pune (Maharashtra) or the State Muscular Dystrophy disease at Madurai Tamilnadu or any such place where immediate treatment may be available for the patient; as well as to opposite party No. 6 to sanction the necessary medical advance to the petitioner for treatment of his ailing son immediately after receiving the referral certificate. It is averred by the petitioner that his son, namely, Sarada Prasad Nayak is a good student and after completing +2 Science he is now studying in B.Tech Course. While he was continuing his study, suddenly he felt pain on his two legs and was unable to move. He, thereafter, went to the S.C.B. Medical College & Hospital, Cuttack for treatment and thereafter, he was referred to various doctors of various departments like Medicine, Neurology and Orthopedic. While the doctors at the S.C.B. Medical College and Hospital at Cuttack were unable to diagnose the disease, they referred the petitioner's son to the National Institute of Mental Health and Neurosciences (NIMHANS), Bangalore for better evaluation. The petitioner's son thereafter was taken for evaluation of the disease to Bangalore and the doctors at NIMHANS evaluated the petitioner's ailing son to be suffering from the disease known as "Muscular Dystrophy" under Annexure-2. Thereafter, the petitioner sent the blood samples of the petitioner's son to the JAIN Foundation, USA for better analysis and the said JAIN Foundation submitted their opinion confirming the fact that the petitioner's son is suffering from the disease scientifically known as "Dysferlinopathy" and was further informed that the research for the disease is going on and the Foundation was in the process of research to try and invent medicine for the cure of such disease under Annexure-3.

(2.) The petitioner thereafter made representation to the Hon'ble Prime Minister of India for encouraging research in order to enhance the possible discovery of medicine for treatment of 'Muscular Dystrophy' disease and similar representations also addressed to the Government of India in the Ministry of Health and Family Welfare as well as to the Ministry of Science and Technology and the Director General, Indian Council of Medical Research.

(3.) On 17.10.2012 while the petitioner was desperately researching on the internet, he learnt that there are two Foundations i.e. Muscular Dystrophy Foundation of India at Madurai, Tamilnadu and Chaitanya Stem-Cell Centre, Pune in India where the patients of "Muscular Dystrophy" are being benefited by way of "Stem-Cell Therapy", though such treatment was experimental and by way of research.