J.KAJA MOINUDEEN Vs. AUTHORIZATION COMMITTEE

JUDGEMENT

(1.) The petitioner herein has approached this Court for issuance of writ of mandamus to the respondents to issue an NOC to enable him undergo renal transplantation and to grant approval for the same on a priority basis. The facts giving rise to this petition are as under:

(2.) Heard Mr.S.Haja Mohideen Gisthi for petitioner, and Mr.C.Kathiravan, learned Special Government Pleader for respondents.

(3.) This writ petition presents a spectre of what this Court may term it as bureaucratic reluctance familiar in our system that germinates out of administrative apprehensions. A doctor, who may have helped saving many lives, now finds himself in a state of helplessness to save his own life. The hospitals in Tamil Nadu appears to have pinned themselves to their committed reluctance to entertain a non-relative for an organ donor, when the Act does not insist that an organ donor should be a relative. This attitude is worrisome, as it holds the potential to undermine the objectives behind the Act and to defeat its purpose. Having regard to the importance of the issue, this Court thought it fit to examine it threadbare since clarity on the point is a desideratum .