JEEBINSA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by Ext.P4 order, by which an application for the organ donation, submitted as per the Transplantation of Human Organs and Tissues Act, 1994 (for short 'the Act, 1994') and the Transplantation of Human Organs and Tissues Rules, 2014 (for short 'the Rules, 2014') is rejected. Mr.Safir T.V., S/o. Mohammedunni is a chronic kidney patient. According to the petitioner, she and her husband had a close relationship with Mr.Safir for the past several years. Hence she decided to donate her kidney to Mr.Safir. The petitioner and the recipient Mr.Safir, submitted Ext.P1 joint application in Form-3 giving consent for donating the kidney. Ext.P2 is Form-11 application. Earlier, the petitioner approached this Court, and this Court, as per Ext.P3 judgment, directed the authority concerned to consider the application and pass appropriate orders. Thereafter, Ext.P4 is issued rejecting the application. Aggrieved by the same, this writ petition is filed.

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(3.) The learned counsel for the petitioner submitted that Ext.P4 is an order without adverting to the facts of the case. It is also contended that it is not a speaking order. The counsel submitted that the Authorisation Committee relied on the report of the Assistant Police Commissioner without considering the other criteria as per the Act and Rules. The counsel also takes me through Sec. 9 of the Act, 1994 and Rule 7 of the Rules, 2014. The counsel submitted that a detailed procedure is to be followed while considering an application as per the Act, 1994 and the Rules, 2014. The same is not followed.