KULDEEP SINGH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In this petition under Article 32 of the Constitution of India, 1950 (in short the Constitution) some questions of seminal importance have been raised. Factual position as indicated by the petitioners needs to be noted in a nutshell as the issues are pristinely legal.

(2.) Petitioner No.1 is undergoing treatment at Devaki Hospital Ltd. at Chennai for renal disorder. The hospital in question is duly approved by the authorities under the Transplantation of Human Organs Act, 1994 (in short the Act) read with Transplantation of Human Organs Rules, 1995 (in short the Rules) and is permitted to undertake Kidney transplantation. Doctors treating petitioner No.1 were of the view that both the Kidneys of petitioner No.1 have failed to function. Petitioner No. 2 wanted to donate one kidney to petitioner No.1 to save his life. The gesture was actuated by love and affection and there is no other consideration involved.

(3.) An application was made under the Act before respondent No. 2- the Director of Medical Education, Govt. of Tamil Nadu, Chennai for issuance of No Objection Certificate (in short the NOC). The respondent No. 2 by letter dated 10-3-2005 indicated to the petitioners that the NOC is to be issued by the Authorisation Committee of the Punjab State (respondent No. 3) as the Authorization Committee of the State of Tamil Nadu cannot issue such a certificate. It was indicated that since both the petitioners belong to the State of Punjab, only the Authorisation Committee of the said State had competence to issue the NOC. When request was made to respondent No. 3 through respondent No. 4 i.e. the Director, Research and Medical Education, Punjab, it was indicated to the petitioners by said respondents that it is only the Authorisation Committee of the State of Tamil Nadu which can issue the certificate, as the transplantation was intended to be done in the said State.