ABDUL AZEEZ Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is a chronic kidney patient requiring transplantation of his kidney. He has identified a donor, who has expressed his willingness to donate one kidney to the petitioner. In view of the provisions contained under the Transplantation of Human Organs Act and Rules, the approval of the 5th respondent was sought for. It would appear that the 5th respondent doubted the bonafides of the donor and therefore rejected the request as per Ext.P7.

(2.) That order was challenged before this Court and this Court by Ext.P10 judgment directed consideration of the matter by the Director of Medical Education. It would appear that the Director of Medical Education forwarded the matter to the Chairman of the 5th respondent. The 5th respondent thereafter again rejected the request by Ext.P11. It is in these circumstances, the writ petition is filed.

(3.) Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, when the donor and his wife appeared before the 5th respondent and gave their statement, the facts disclosed were contradictory to the affidavit filed before the 5th respondent, and it was therefore that, the genuineness of the donor was doubted.