MAJOR PANKAJ RAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In W.P. No.45437/2011 the petitioner hospital has impugned the order dated 24.11.2011 passed by the 2nd respondent in their appeal, bearing No.HFW 304 FPR 2011, confirming the order passed by the 3rd respondent dated 12.9.2011, whereby the Certificate of Registration / Licence issued by the Government of Karnataka in February, 2012, under The Transplantation of Human Organs and Tissues Act, 1994 (for short 'the Act') has been cancelled. The petitioner hospital was granted Certificate of Registration dated 25.3.2010, in Form 12 appended to The Transplantation of Human Organs and Tissues Rules, 1995 (for short 'the Rules'). for performing the transplantation of kidney, liver and homograft (permitted only usage).

(2.) The order dated 12th Sept. 2011 was issued for the reasons recorded in the proceedings of the meeting of the Appropriate Authority held on 16.8.2011. The action for cancellation of the Registration Certificate against the petitioner - hospital, was initiated by the Appropriate Authority as provided for under Section 16 of the Act on the complaint made by respondent no.4 in the first petition and the petitioner in the second petition i.e. W.P.12721-724/12 (for short 'the complainant'). The complainant's wife Mrs. Seema Rai died on 6.5.2010, following the kidney and pancreas transplantation at the petitioner - hospital.

(3.) The principal grievance of the complainant, before this Court, is that the petitioner - hospital did not have Certificate of Registration in form no.12 of the Rules to perform Transplantation of Pancreas and that it was not disclosed by the petitioner hospital to the complainant and / or his wife and other family members. It was submitted on behalf of the complainant that the petitioner hospital / their doctors were not only negligent while performing the surgery for transplantation of kidney and pancreas but they undertook the transplantation of pancreas without having licence for the same.