FRANKLIN JAMES Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner is a person of Indian origin, presently holding US citizenship and an Overseas Citizen of India, suffering from end-stage renal disease and undergoing treatment at the Lakeshore Hospital, Ernakulam. The second petitioner, an Indian citizen, is the proposed donor.

(2.) When the second petitioner came to know about the disease of the first petitioner, she expressed her readiness to donate her kidney. Since the petitioners are not close relatives, they approached the third respondent- the District Level Authorisation Committee with necessary application and documents seeking approval for transplantation. But, the application was rejected, by Ext.P3 order on the ground that the donor and recipient are unrelated and the recipient is a foreign national. Aggrieved by the above rejection, they filed an appeal before the State Level Technical Committee and the same was also dismissed, by Ext.P4 order. Aggrieved by the same, the petitioners have approached this court with the above writ petition.

(3.) I have heard Sri.Faizel.E, the learned counsel for the petitioners, Sri.Ajit Joy, the learned standing counsel for the second respondent and Smt.K.B.Sony, the learned Government Pleader.