SOUBIYA Vs. DISTRICT LEVEL AUTHORIZATION COMMITTEE

JUDGEMENT

(1.) The first petitioners in these two Writ Petitions are patients waiting for kidney transplantation - who are now stated to be surviving on dialysis and other life support mechanisms. They say that, even though they have placed their request for the afore - identifying the 2nd petitioners to be their respective donors, the 2nd respondent - Hospital is refusing to forward the same to the 1st respondent - District Level Authorisation Committee (DLAC), solely for the reason that a Police Clearance Certificate ('PCC') has not been obtained by them.

(2.) The petitioners assert that, consequent to the coming into force of Transplantation of Human Organs and Tissues Rules, 2014 (herein after referred to as 'Rules 2014'), 'PCC' is unnecessary to be obtained; and therefore, that the 2nd respondent must be directed to forward their applications, along with other relevant documents, to the 1st respondent, so that the said Authority can take a final decision urgently. They plead that this be done quickly, because they are awaiting organ transplantation for the last several months and are in great distress now.

(3.) Sri.Sunil Kumar Kuriakose - learned Government Pleader, pertinently, also affirmed that a 'PCC' is not necessary and that what is now required by the petitioners to obtain is a 'Certificate of Altruism' from the District Superintendent of Police, or Deputy Superintendent of Police, of the District having jurisdiction over the donor and the recipient. He, however, added that the DLAC has been statutorily entrusted with the competence to decide all modalities; and hence, that if the petitioners are to present themselves before the said Authority, as and when they are called, a final decision on such a certificate being obtained by them will also be taken by them. He submitted that he is making this submission, so that the processes in favour of the petitioners can be expedited; but added that the DLAC can issue final authorisations only if all relevant and germane requirements are satisfied.