22.07.2024
Delhi
High Court (DB)
Delhi
HC seeks Centre's response on plea challenging requirement of ration card for
availing benefits under Rastriya Arogya Nidhi (RAN)
The Delhi High Court on Monday sought Central Government's response on a Public Interest
Litigation (PIL) challenging Clause-7 of the umbrella scheme of Rashtriya Arogya Nidhi (RAN), through an Office
Memorandum dated February 1, 2019 issued by the Ministry of Health and Family Welfare, to the extent it mandates that possessing a ration
card is mandatory for availing the benefits under the scheme.
The Petitioner Aakash Goel, a social activist through
a plea sought direction to the respondent Union of India, Ministry of Health and Family Welfare to relax the mandatory requirement
of production of Food Security Card (Ration Card) for financial assistance
under Rashtriya Arogya Nidhi Scheme.
The bench led by Acting Chief Justice Manmohan also
comprising Justice Tushar Rao Gedela, after noted the submissions, issued
notice to Ministry of Health and Family Welfare, Ministry of Consumer Affairs and Government of NCT
Delhi and listed the matter for detail hearing on November 25, 2024.
Plea stated that Office Memorandum dated February 1,
2019 was issued by the Ministry of Health and Family Welfare, Department of
Health & Family Welfare for issuing the Guidelines pursuant to the
implementation of the Umbrella Scheme of Rashtriya Arogya Nidhi (RAN).
It was submitted that the aforesaid scheme envisaged
three components namely - Rashtriya Arogya Nidhi , Health Minister's Patients Fund (HMCPF) and the Scheme for Financial
Assistance for patients suffering from specified rare diseases.
It stated that the impugned Guidelines inter alia
stated that for the purpose of availing financial support by the destitute
patients under the Umbrella Scheme of RAN the Applicant under Clause 7 of the
said guidelines shall be in possession of Income Certificate and Ration Card.
It is submitted that Clause 7 elucidated under the
aforementioned Scheme is unlawful, arbitrary, discriminatory and perverse. It
is pertinent to mention that as stated/asserted in the foregoing paragraphs,
since 2016, the Government of NCT of Delhi has imposed an embargo upon the
issuance of new Ration Cards unless the existing cardholder has either died or
cancelled or forfeited or surrendered their ration card. Thus, no new Ration
Cards have been issued by the Government of NCT of Delhi. Hence several destitute
patients who are in desperate need of receiving financial aid and benefits
under the RAN scheme for their treatment are being arbitrarily denied solely on
the ground of non-possession of a Ration Card, stated the plea.
Therefore, in view and sequitur of the aforementioned
facts and circumstances, it is hereby submitted that the aforementioned
Guideline to the extent of conditions specified under Clause 7 pursuant to
possession of Ration Card is both deplorable and unwarranted and further de
hors benevolent purpose of the scheme for which it was implemented, the plea
read.
[Aakash
Goel Vs. Union of India & Ors., W.P.(C) 9891/2024, date of Order –
22.07.2024, next date of hearing – 25.11.2024]
https://advocateanujaggarwal.com/home.php
Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014
483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – anujaggarwal1984@gmail.com
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