SAURAV SUMAN Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The Petitioner, who is turning 18 years of age on 9/12/2021, has approached this Court seeking setting aside of the order dated 28/8/2021 passed by respondent no.1, whereby his application seeking approval for donating a part of his Liver to his ailing father has been rejected. Consequently, the petitioner seeks a direction to respondent no.2 to grant him the necessary permission to donate a part of his Liver to his ailing father.

(2.) Learned counsel for the petitioner submits that the petitioner's father is suffering from Chronic Liver Disease and his MELD score was 28 as on 8/9/2021, according to the certificate issued by respondent no.2 itself, which certificate states, in no uncertain terms, that the petitioner' father requires a Liver transplant urgently. He submits that the petitioner's request for approval has been rejected by a non-reasoned order solely on the ground that he is a minor without appreciating the fact that there is no absolute bar for permitting a minor to donate his living organs or tissues. He submits that in terms of Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014 (hereinafter referred to as ?the Rules"), a minor can be permitted to donate his living organs or tissues on exceptional medical grounds. Since the close relatives of the petitioner's father were either not found to be a suitable match for donation or are unwilling to donate a part of their Liver due to their advancing age, coupled with the fact that the petitioner's father needs immediate transplant, it is evident that the present case is a case where exceptional medical circumstances as envisaged under the aforesaid rule are made out.

(3.) Mr. Kumar further contends that in view of the COVID-19 pandemic and the ensuing lockdown imposed from time to time, the petitioner's father has been unable to locate any other suitable donors till date and therefore, if the petitioner is not granted the necessary approval expeditiously, his father' health could take a turn for the worse. He further draws my attention to the medical fitness certificate dated 25.08.2021 issued by the concerned doctor of respondent no.2/Institute clearly certifying that the petitioner was medically fit to undergo the procedure of Liver removal. He therefore, prays that the impugned order which overlooks these important aspects be set aside and the matter be referred to the respondent no.1 for necessary approval.