SHABANA KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The facts of the present case have posed a question which raises more humanitarian issue than a legal question. Petitioner is the wife of one Md. Zahid Ansari a 40 year old person who is suffering from CA Bladder and Obstructive Uropathy. He is a resident of Naya Bazar, P.O. Dhanbad, P.S. Bank More, District Dhanbad in the State of Jharkhand but for specialised treatment was taken to and admitted in Superspeciality Hospital NH Narayana (Unit of Narayana Health) at Andul Road, Howrah on 23rd July 2016. Dr. Abhay Kumar, MBBS, MS, DNB (Urology) Consultant Urologist and Uro -oncologist of the said hospital has advised him to undergo Radical Cystectomy surgery to be done after four days by opinion contained in letter at Annexure -1 dated 27 th July 2016, the cost of which as per break -up has been estimated at Rs.3,10,000/ - including post surgery, indoor treatment, medicines and consumable, investigation and diagnostics. Petitioner has enclosed a certificate of income given by the Sub -Divisional Officer, Dhanbad as part of Annexure -2 which shows that his annual income is Rs.70,000/ -. A residential certificate has also been enclosed issued by the same authority showing his residence at Naya Bazar, P.O. Dhanbad, P.S. Bank More, District Dhanbad. His identity card issued by Election Commission of India is also enclosed as Annexure -2 along with an affidavit by the petitioner's wife in support of the aforesaid claim and that if any of the credentials are found to be incorrect, she would be liable to return the entire amount of medical aid/reimbursement.

(2.) It is essentially a policy of the State Government initiated in the present financial year 2016 -17 as contained in Annexure -3 letter dated 13th June 2016 known as 'Mukhyamantri Gambhir Bimari Upchar Yojna' under which petitioner seeks State help in the matter of expenses incurred in the treatment of her husband.

(3.) What has transpired from the instructions received by learned counsel for the State from the Department of Health, Medical Education and Family Welfare that under the resolutions in question including dated 17th July, 2015 produced on their behalf, the Department has prepared a list of approved hospitals where from if the treatment is undertaken for such serious diseases as indicated in the list under the same resolution, medical assistance or aid would be provided to the needy on examination by the competent committee at the District or the Directorate level of the Health Department. The applicant will have to submit the necessary supporting documents in a prescribed format also indicated therein. As it appears, the instant hospital NH Narayana is not one of the hospitals in the approved list.