HIGH COURT DIRECTS AIIMS TO GIVE FREE TREATMENT TO POOR BLOOD CANCER PATIENT

High Court today directed AIIMS to provide all necessary treatment to the Blood-Cancer patient Satish without charge till the next date of hearing. While passing these directions, Justice I S Mehta observed that this petition is a mercy petition to the High Court and it is the duty of the High Court to help the patient.

Mr. Ashok Agarwal appearing for the petitioner argued that 30-year-old Satish has been undergoing Chemotherapy at the All India Institute of Medical Sciences (AIIMS) and his family has already spent around Rs.3 lakh on treatment, but they cannot afford expenses of further treatment. “The impugned inaction to provide free treatment to the patient is violative of his Fundamental & Human Rights to Life under Article 21, read with Articles 38, 39, 41 & 47 of the Constitution of India.”, submitted Mr. Agarwal.

The Delhi High Court had earlier issued notices to the Central and Delhi Governments and AIIMS in the petition filed by the patient’s brother through Advocate Ashok Agarwal. The petitioner had sought directions to the hospital to provide to his brother, a Blood-Cancer patient, free and continuous treatment.
In the petition, Anand Kumar Morya said that his brother Satish, a resident of Mathura who ran a photocopy-cum-lamination shop, was diagnosed with Burkitt’s Leukemia, a form of Blood-Cancer, in March, barely three months after his marriage.

Due to his condition, the shop had to be closed down and machines sold off to bear the cost of treatment, said the petition. Satish’s father, a Class IV railway employee with a monthly salary of Rs.12,000, was now the sole earning member in a family of six.

The patient’s father has exhausted all his savings on the treatment, and even his provident fund account is left with a meagre balance of Rs.24,550, said the petition.        

“They (the family) have been given an additional expenditure estimate of Rs.6 lakh recently, which they are unable to bear. The petition thus seeks continuation of treatment at AIIMS free of cost in order to save Satish’s life,” it said.

The petition stated that the family was not in a position to bear the expenditure and, under such circumstances, Satish’s Chemotherapy was likely to get interrupted and discontinuation of treatment would lead to an anomalous situation by reversing the gains of treatment already given. This will ultimately endanger the patient’s life.

Pointing out that Satish has been responding well to the treatment and his condition has improved, the petition said that the petitioner had, in representations on May 1 and 13 to the AIIMS Director, requested free continuation of treatment, but no response has been received so far.

The next date of hearing is July 9, 2015.

Ashok Agarwal, Advocate     
M: 9811101923  
10.06.2015

HIGH COURT NOTICES TO ESIC, GOI AND DHARAMSHILA HOSPITAL ON DENIAL OF FREE TREATMENT TO 17-YEAR OLD POOR CRITICAL CANCER PATIENT

Delhi High Court (V.P.Vaish Vacation Judge) yesterday (03.06.2015) issued notices to ESIC, Govt. of India, Ministry of Labour and Dharamshila Hospital on denial of free treatment to 17 year old Soumaya Ranjan suffering from Anaplastic Large Cell Lymphoma, a form of Cancer. Soumaya’s father, an ESIC-insured person, Basant Kumar (M-8587983741), had filed petition through Advocate Ashok Agarwal in the High Court against ESIC for its refusal to make referral to empanelled Dharamshila Hospital for treatment of his son and also against Dharamshila Hospital for arbitrary denial of treatment.

Since Soumaya was critical, he was discharged by ESI Hospital, Basai Darapur, on 23.05.2015 and referred to AIIMS/ESIC empanelled Hospital. Basant Kumar on 25.05.2015 approached Dharamshila Hospital, which is empanelled with ESIC, but in the absence of a specific referral letter from ESIC addressed to Dharamshila Hospital, Dharamshila Hospital denied treatment. The ESIC, on the other hand, refused to issue the requisite referral letter. The patient was lying outside Dharamshila Hospital since 25.05.2015, awaiting treatment.

Advocates Ashok Agarwal & Anuj Agarwal appearing for the patient Soumaya told the Court that though Dharamshila Hospital registered the patient with them on 25.05.2015, but refused to admit him despite his very serious condition saying that "you first bring referral-letter from the ESIC”. It continued till 30.05.2015 when upon intervention by EWS Beds Monitoring Committee Members Advocate Ashok Agarwal and Dr. R.N Das, the patient was admitted by Dharamshila Hospital under EWS category. "On 02 June 2015, while the patient was in the ICU of Dharamshila Hospital and his removal therefrom could have endangered his life, against all medical norms and professional ethics, Dharamshila Hospital took the patient to ESIC Hospital at Noida in its Ambulance just to obtain the referral-letter from the ESIC. It is a very serious matter and this Hon’ble Court may call for explanation from the ESIC and Dharamshila Hospital," urged Mr. Agarwal.

Adv. Ashok Agarwal also submitted, "Notwithstanding ESIC referral, Dharamshila Hospital being one of the identified hospitals on public land is obliged to provide free treatment to EWS patients to the extent of 10% IPD and 25% OPD. It is unfortunate that despite having 18 out of 20 free beds vacant, Dharamshila Hospital did not admit Soumaya from 25.05.2015 till 30.05.2015 and insisted upon bringing referral-letter from ESIC. The said delay on the part of Dharamshila worsened the condition of the patient."

Next date of hearing is 10.06.2015.

ASHOK AGARWAL, ADVOCATE
M: 9811101923
04.06.2015

DHARAMSHILA HOSPITAL DENIES TREATMENT TO 17-YEAR OLD POOR CRITICAL CANCER PATIENT, FATHER MOVES DELHI HIGH COURT—HEARING ON JUNE 3

An ESIC-insured person, Basant Kumar (M-8587983741), through Advocate Ashok Agarwal today has filed a writ petition in the Delhi High Court against ESIC for its refusal to make referral to empanelled Dharamshila Hospital for treatment of his 17 year old son Soumaya Ranjan. Soumaya Ranjan is suffering from Anaplastic Large Cell Lymphoma, a form of Cancer.

Since Soumaya was critical, he was discharged by ESI Hospital, Basai Darapur, on 23.05.2015 and referred to AIIMS/ESIC empanelled Hospital. The petitioner then approached Dharamshila Hospital, which is empanelled with ESIC, but in the absence of a specific referral letter from ESIC addressed to Dharamshila Hospital, Dharamshila Hospital denied treatment. The ESIC, on the other hand, refused to issue the requisite referral letter. The patient is lying outside Dharamshila Hospital since 25.05.2015, awaiting treatment.

Notwithstanding ESIC referral, Dharamshila Hospital being one of the identified hospitals on public land is obliged to provide free treatment to EWS patients to the extent of 10% IPD and 25% OPD. Soumaya being an EWS patient is entitled to this benefit. However, Dharamshila Hospital has even refused to treat Soumaya under EWS category and is insisting upon referral from ESIC.

“Master Soumaya Ranjan is in a very critical condition and if he is not attended to by the Hospital, anything can happen.”, the petition states.

The petition has been listed for hearing on 03.06.2015.

ASHOK AGARWAL, ADVOCATE         
M: 9811101923  
28.05.2015

Give re-examination opportunity to Class IX and XI-failed students - AIPA writes to CBSE Chairman

To

The Chairman

Central Board of Secondary Examination

Shiksha Kendra

2, Community Centre

Preet Vihar, Delhi - 110092

New Delhi

29.05.2015

Sub: Give re-examination opportunity to Class IX and XI-failed students

Dear Sir

We are extremely alarmed by the fact that large numbers of children of Class IX an XI have been failed this year, many for the second time. These children have been attending school regularly for so many years and with expectations and aspirations to make a better life, with their parents reposing full faith in the public education system and the government to fulfill the Right to Education it has promised them. But the state has failed in its responsibility to do justice to the years they have spent in its schools, and has not ensured that they get a learning environment, for meaningful learning. Last year many of them had been failed but went again to the same class, despite the humiliation and demotivation, hoping that the second time their schools might take better care of them. But that was not to happen. They will tell you how even extra classes were taken very casually and non-seriously, and no one took responsibility for their learning. Many of their parents paid extra for tuition, from out of their meager wages, but unqualified tutors could not compensate for what was the task of trained government teachers. Moreover, what goes in the name of teaching and assessing is only promoting rote memorisation, without encouraging them to make sense or think for themselves. Their classrooms are often over crowded, dismal and poorly furnished, and the fact that they have gone to school year after year shows the hope and trust reposed in the system.

Furthermore, the changes in the marking pattern made by you especially  concerning the guidelines for Class IX has been vague that no parent is certain that what kind of result is required for their ward to pass in to Class X. This the school is also taking advantage of. CCE is a boon for the nation but do not make it into bane for the parents by the school interpreting and applying it according to their whims and fancies.

On behalf of thousands of such children there is one earnest request to you. Please permit holding of a second supplementary examination for them. We have already requested the Government of NCT of Delhi to hold special classes for them for two months. They will work hard if the teachers take them seriously and inspire confidence. After being given the best possible Special Enrichment, a supplementary exam may be held for them in early August.

They are just asking for a fair chance so that their lives are not made hopeless at this young age, through a callous system that has not given them their right to learn, with meaning, creativity, care and respect.

This is crucial age and a little support can make or break them.

Hoping you care for these children, whose parents have invested all they have in the future of their children.

Sincerely,

Ashok Agarwal, Advocate                                            

National President, AIPA                                             

M-09811101923 

                                                           

Prof. Anita Rampal                          

Faculty of Education

Delhi University

Delhi 110007

M.-9810098307

Satya Prakash

General Secretary

AIPA, Delhi

M.-9871216217

GIVE THEM OPPORTUNITY & SEE THE RESULTS

Rumaisa Anas living in Nizamuddin Basti was admitted in 2009-10 in Nursery in DPS Mathura Road, New Delhi under EWS category is now in class V in the current academic year of 2015-16. She has been declared scholar for the year 2014-15.

Report card contains teacher's remark: " A well behaved, responsible and disciplined child, shown good performance, promoted to V-C. Declared scholar for the year 2014-15"

अधिवक्ता अनुज अग्रवाल व दिव्या अग्रवाल ने राजेश की और से अदालत में दलील पेश की उन्होंने कहा की कर्मचारी लगातार काम कर रहा है लेकिन एनडीएमसी ने पिछले 2 सालों से उसे तनख्वाह नहीं दी है l जिससे उसके लिए आजीविका चलाना मुश्किल हो गया है l

पंजाब केसरी नई दिल्ली - 28.05.2015 - पेज -6

Please join us in the protest at CM residence, demanding an opportunity of re-test to all the 9th and 11th class failed students. All the participants will gather at Vidhan Sabha Metro Station Gate No. 1 at 10 am on Sunday 31.05.2015 and March towards CM Residence at Flag Staff Road, Civil Lines, Delhi.