SOCIETY FOR HEMOPHILIA CARE Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a Public Interest Litigation which has brought to forefront the issue concerning Hemophilia treatment and for issuance of directions to respondents to create infrastructure in the public health institution. The prayer has also been made for on demand treatment with Plasma derived/recombinant products be provided and trained manpower of doctors and paramedics be created. The petition was filed in the year 2010. In the order dated 20.05.2011, a reference has been made to the affidavit filed by the Secretary Health and Medical Education Department showing that prime significance has been accorded to the health care by the Government and treatment facilities have been provided to patients suffering from Hemophilia. They proposed to set up two Hemophilia Centers, one each at Government Medical College, Jammu and Srinagar. It has also come on record that about 100 patients suffering from Hemophilia have been registered at Government Medical College Hospital, Jammu and the same number has been found to be registered at Government Medical College Hospital, Srinagar. The Hemophilia disease requires continuous treatment to make up the existing deficiency in the blood cells and to ensure coagulation of blood so that the patients afflicted with the disease are not rendered permanently disabled. The Principal Secretary Health has stated that a sum of Rs. 3.00 Crores was required to set up Hemophilia Centers in both the provinces of Jammu and Srinagar so as to provide requisite medical care to those who are suffering from Hemophilia disease. After passing various orders, the Division Bench on 12.11.2012 issued direction for providing adequate funds. The Government Medical College, Srinagar required 413.00 lacs and the Government Medical College, Jammu needed a sum of Rs. 257.00 lacs. An affidavit 17.12.2012 has now been filed by the Principal Secretary to Government Planning Development Department, wherein it is stated that the department has released a sum of Rs. 1.00 Crore for procurement of Hemophilia Drugs for Government Medical College, Srinagar vide letter dated 06.09.2012 (Annexure -A) and the same amount has been released for the Jammu Medical College vide letter dated 09.10.2012 (Annexure-B). Keeping in view the facts and circumstances of this case, we feel that ends of justice would be met if the respondent shall continuously keep on releasing the funds to the Government Medical College, Srinagar and Jammu on regular intervals after following the due procedure of law. The Hemophilia Center shall be given adequate funds by the State Government so as to avoid any mishap. Any such lapse would result in fixing the responsibility of an officer who has committed lapse. If the respondents -State fails to discharge its duties then the petitioner would be at liberty to file appropriate application which shall be taken up for passing appropriate orders. The petition at this stage is disposed of with liberty to the petitioner to move appropriate application in future. However, the respondent shall remain bound by the direction that Hemophilia Drugs shall be kept ready for treatment of Hemophilia patients in the Hemophilia treatment Centers.