LATHEEF V. P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed to quash Ext.P21 order passed by the 2nd respondent rejecting the appeal filed by the petitioners, declining permission to the petitioners for organ transplantation.

(2.) The 1st petitioner is suffering from chronic kidney disease. He has been advised to undergo kidney transplantation. The 2nd petitioner has volunteered to donate her kidney. Consequently, the petitioners had submitted a joint application before the 3rd respondent for permission as contemplated under the Transplantation of Human Organs and Tissues Act, 1994 and the Rules framed thereunder (in short, 'Act and Rules'). However, by Ext.P12 order, the 3rd respondent had rejected the joint application. Aggrieved by the said order, the petitioners preferred an appeal before the 2nd respondent. By Ext.P13 order, the 2nd respondent had dismissed the appeal. The petitioners challenged the orders before this Court. By Ext.P20 judgment, this Court directed the 2nd respondent to reconsider the appeal. Nonetheless, by Ext.P21 order, the 2nd respondent has again dismissed the appeal re-confirming Ext.P13 and P12 orders passed by the respondents 2 and 3 respectively. The action of the respondents 2 and 3 is illegal and unreasonable. There is absolutely no reason mentioned in the said orders, even though the Deputy Superintendent of Police, Ranni (Dy.S.P) has issued Ext.P3 certificate of altruism stating that there is no adverse remarks found against the petitioners. It is without adverting to Ext.P3 certificate and without assigning any valid reason that the respondents 2 and 3 have rejected the petitioners joint application for transplantation. Exts.P12, P13 and P21 orders are erroneous and are liable to be quashed. Hence, the writ petition.

(3.) Heard; the learned counsel for the petitioners and the learned Government Pleader.