Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4253

IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Mohan G Bhagwanani (deceased) – Appellant
Versus
The Manager, State Bank of India
M/s Moolchand Hospital
M/s Care Hands Health. Services
Dr Sundri G. Bhagwanani D/o Late Gopal Dass Moolraj Bhagwanani
Government of NCT of Delhi (Department of Social Welfare) – Respondent
W.P.(C) 10283 of 2019
Decided On : 24-05-2023

Advocates appeared:
Mr.Ganeshan Subbian, Advocate. Ms. Manini Brar, Advocate (Amicus Curiae) alongwith Mr. Naman Lohiya, Advocate, for the Petitioner.
Ms. Jaya Tomar and Ms.Akansha, Advocates for R-1.
Mr. Gaurav Bahl, Advocate for R-2.
Mr.Tushar Sannu, Standing Counsel with Mr.Yash Singh, Advocate and Dr. Amit Khanna, Associate Professor.
Mr. Udit Malik, ASC for GNCTD along with Mr.Jawahar Singh, Dept. of Social Welfare, Superintendent.

The appointment of a limited guardian and a nominated representative for a patient suffering from advanced Alzheimer's disease under the relevant provisions of the Rights of Persons with Disabilities Act, 2016, and The Mental Healthcare Act, 2017.

Headnote:
Alzheimer's Disease - Appointment of Guardian - Rights of Persons with Disabilities Act, 2016, Delhi Rights of Persons with Disabilities Rules, 2018, The Mental Healthcare Act, 2017 - Sections 14(4), 14(1), 7(1), 72 - The court discussed the appointment of a limited guardian and a nominated representative for a patient suffering from advanced Alzheimer's disease. It referred to the relevant sections of the Rights of Persons with Disabilities Act, 2016, and The Mental Healthcare Act, 2017 to appoint the District Magistrate as the limited guardian and a Nodal Officer to look after the medical care of the patient.
Fact of the Case:

The respondent, suffering from advanced Alzheimer's disease, required medical supervision and a guardian to look after her medical bills and overall health. The petitioner, who sought to be appointed as the guardian, passed away during the pendency of the case.
Finding of the Court:

The court appointed the District Magistrate as the limited guardian and a Nodal Officer to look after the medical care of the patient. It directed for an expeditious decision on outstanding bills and appreciated the assistance of the Amicus Curiae.
Issues: Appointment of guardian for a patient suffering from advanced Alzheimer's disease, determination of outstanding medical bills, and decision on the patient's medical care and shifting.
Ratio Decidendi: The court relied on the relevant provisions of the Rights of Persons with Disabilities Act, 2016, and The Mental Healthcare Act, 2017 to appoint the District Magistrate as the limited guardian and a Nodal Officer to look after the medical care of the patient.
Final Decision: The District Magistrate was appointed as the limited guardian, and a Nodal Officer was appointed to look after the medical care of the patient. The court directed for an expeditious decision on outstanding bills and appreciated the assistance of the Amicus Curiae.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)

1. The facts of the case would show that the respondent no.4-Dr. Sundri G. Bhagwanani is suffering from advanced Alzheimer's disease which has progressed to a stage, where, she is unable to take care of herself and requires medical supervision. She is, at present admitted in respondent no.2- Moolchand Hospital and since 24.11.2017, has been undergoing treatment in the said hospital.

2. The petitioner, who approached this court for various reliefs inter alia to be appointed as the guardian of respondent no.4 in order to look after her medical bills and overall health, has unfortunately passed away during the pendency of the instant writ petition.

3. The respondent no.4 has FDRs with respondent no.1-State Bank of India with a cumulative value of Rs.1,05,64,506/- as on 10.01.2020. However, on account of various payments made to the hospital, the same has substantially reduced.

4. The bills that were being raised by the hospital were being paid as per the directions given by this court from time to time.

5. Learned counsel appearing on behalf of respondent no.2-Moolchand Hospital on instructions states that as on date there are outstanding bills of approximately Rs.37 Lakhs to be paid to the hospital.

6. Having noted the peculiar circumstances in the present case, this court appointed Ms. Manini Brar, Advocate as Guardian ad litem, Amicus Curiae in the matter to assist this court in resolving the issue involved in the instant writ petition.

7. The matter was taken up for hearing on various dates and learned Amicus Curiae was ably assisting this court to pass appropriate orders depending upon the circumstances prevailing at the relevant point of time.

8. On the last date of hearing, this court directed learned counsel appearing on behalf of respondent no.5-Government of NCT of Delhi to take instructions with respect to the future course of action to be adopted by this court. It was also directed that the Institute of Human Behavior and Allied Sciences (IHBAS), Department of Social Welfare and Department of Health Care shall convene a joint meeting of their officers to apprise this Court as to who would be the appropriate authority to be appointed as guardian on behalf of the patient admitted in the Hospital.

9. Further, directions were issued to suggest as to where the patient can be shifted to ensure that the expenses which are being incurred on account of her treatment, can be reduced. The order dated 19.05.2023 passed by this court reads as under:

"1. Learned ASC appearing on behalf of the respondent-GNCTD seeks some time to take instructions.

2. In view of the controversy involved in the instant petition the Institute of Human Behavior and Allied Sciences (IHBAS), Department of Social Welfare and Department of Health Care are directed to convene a joint meeting of their officers to apprise this Court as to who would be the appropriate authority to be appointed as guardian on behalf of the patients admitted in the Hospital.

3. Let the appropriate suggestion be made on the next date of hearing by the respondent-GNCTD.

4. The respondents while suggesting the appropriate authority to be appointed as guardian should also indicate as to where the patients can be shifted to ensure that the expenses which are being incurred can be reduced. Besides this, appropriate care to be taken with respect to the said patients.

5. List on 24th May, 2023."

10. In pursuance to the directions given by this court, a joint meeting was convened by the Department of Social Welfare National Capital Territory of Delhi on 23.05.2023, which has been attended by the officers of the concerned department and IHBAS. The minutes of the meeting dated 23.05.2023 read as under:

Minutes of the Meeting

A meeting was held under the Chairpersonship of Director, Social Welfare in the Chamber of Director, 7h Floor, MSO Building, I. P Estate, New Delhi-11 0002 on 22.05.2023 at 3:00 PM as per directions of Hon'ble Court in th