MOIDEENKUTY Vs. DISTRICT LEVEL AUTHORISATION COMMITTEE

JUDGEMENT

(1.) The petitioners are before this Court, aggrieved by the non-consideration of their Ext.P15 and Ext.P36 applications on merits. The petitioners seek to set aside Ext.P39 order of the Authorisation Committee for Transplantation of Human Organs.

(2.) There are four petitioners in the writ petition. Petitioners 1 and 3 are patients with Kidney problems. They require urgent transplantation of Kidneys. Petitioners 2 and 4 are ready to donate their Kidneys. The 2 petitioner is the wife of the 3 petitioner. The 4 petitioner is the father-in-law of the son of the 1 petitioner. In view of the mismatch of blood groups of 2 and 3 petitioners and of 1 and 4 petitioners, they submitted application for swap transplantation. Ext.P15 is the Form-3 and Form-11 applications submitted by the 1 petitioner. Ext.P36 is the Form-3, Form-4 and Form-11 applications submitted by the 3 petitioner.

(3.) The Authorisation Committee, however, rejected both sets of applications holding that the petitioners do not come under the purview of 'near relative' as per the Transplantation of Human Organs and Tissues Act and Guidelines for altruistic and exchange donation issued as per G.O. (MS) No. 26/2018/H&FWD dated 15.02.2018. The learned counsel for the petitioners argued that the 1 and the 3 petitioners require urgent kidney transplantation and rejection of their applications would offend their right guaranteed under Art. 21 of the Constitution of India.