STATE OF GUJARAT Vs. HIMANSHU SHEKHAR

JUDGEMENT

(1.) Civil Application No.1459 of 2022 is filed for condonation of delay. There is a delay of 38 days in filing the appeal. In the normal course we would have issued Notice and even condoned such delay. In order to examine as to whether there is any merit in the appeal for undertaking such exercise, we called upon the learned AGP to address his arguments on merit and after considering the pleadings laid before the learned Single Judge as well as arguments of the learned AGP, we find that there is no merit in this appeal and it is liable to be dismissed at threshold for the reasons indicated hereinbelow.

(2.) The writ applicant who is a Chartered Accountant by profession is currently working with Adani Port and Special Economic Zone at Ahmedabad for the last six and half years. In order to establish his proof of residence, rent agreement executed six and half years back has been produced before the learned Single Judge. On account of the writ applicant suffering from chronic renal failure and suffering from 'Focal Segmental Glomeruloscierosis' (FSGC) with a serious condition and facing complete kidney failure is awaiting to undergo kidney transplant as there is a serious threat to his life. At present, the writ applicant is undergoing hemodialysis twice a week carried out by Dr. Sonal Dalal of Sterling Hospital. The writ applicant has sought for clause 13.10(C)(2) of the Gujarat Deceased Donor Organ and Tissue Transplantation Guidelines being declared as ultra vires of the provisions of the Human Organs Act , 1994 and the Transplantation of Human Organs and Tissues Rules, 2014 contending, inter alia, that said clause is acting deterrent to his claim being considered on priority as petitioner is not a resident of Gujarat or in other words he is not having a domicile certificate. To put it differently, the said guidelines stipulates that patient having domicile of Gujarat State would get priority or in other words the writ applicant who is not possessing a domicile certificate would not get priority.

(3.) When the writ applicant is undisputedly ordinary resident of Gujarat for more than six and half years, he cannot be deprived of the organ transplant on the said ground viz. on the ground he does not possess domicile certificate. As such, learned Single Judge has rightly directed to accept the form submitted by the writ applicant by the respondent authorities without insisting for clause 13.10(C)(2) of the guidelines in the peculiar facts and circumstances of the case.