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2023 Supreme(Del) 5421

PRATHIBA M. SINGH
Master Arnesh Shaw – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Rahul Malhotra, Advocate, for the Petitioner.
Ms. Shyel Trehan, Mr. Rohan Poddar & Ms. Shivalika Rudrabatla, Advocates, for the Petitioner.
Mr. Asif Ahmed, Advocate, for the Petitioner.
Mr. Kirtiman Singh CGSC, Mr. Waize Ali Noor, Ms. Vidhi Jain & Ms. Anvi Garg Advocate, Advocates, for the UOI.
Mr. Ripudaman Bhardwaj CGSC with Mr. Kushagra Kumar Advocate, for the UOI.
Mr. Tanveer Oberoi & Mr. Jaswinder Singh, Advocates, for the (AIIMS).
Mr. Mr. Dharmender Verma and Mr. Vishal Singh, Advocates for BIRAC. Dr. Sheffali Gulati, (AIIMS).
Mr Dharmender Verma Advocate, Mr. Vishal Singh Advocate, Mr. Shantanu Garg Advocate, for the BIRAC.

JUDGMENT

Prathiba M. Singh J. (Oral)

1. This hearing has been done through hybrid mode.

2. At the outset, it is pointed out by ld. Counsels that W.P.(C) 1012/2023 titled Ratnesh Kumar Jigyasu v. Union of India has been filed before the Supreme Court under Article 32 of the Constitution of India, 1950. It is submitted that the said petition has been filed on behalf of 251 persons, a majority of whom are minors suffering from muscular dystrophy, seeking formulation of a national plan for treatment. The said petition was listed before the Hon'ble Supreme Court on 6th October, 2023 wherein the following order has been passed:

    "1 Mr. Utsav Bains, counsel appearing on behalf of the petitioner submits that the jurisdiction under Article 32 of the Constitution has been invoked on behalf of 251 persons, a majority of whom are minors, suffering from Muscular Dystrophy.

    2 Counsel submits that Muscular Dystrophy is broadly categorized into three groups Group 1, Group II and Group III. Financial assistance is made available for the treatment of patients falling in Group I since the treatment is stated to be a one-time treatment. However, it has been submitted that such treatment is not necessarily a

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