J.RAJKUMAR Vs. AUTHORISATION COMMITTEE (TRANSPLANTATION)

JUDGEMENT

(1.) The petitioner is working as an Electrical Assistant in Indian Railways. He is aged about 30 years. He is suffering from chronic kidney disease. He is under dialysis. He has been advised by his nephrologist to undergo kidney transplant at the earliest. The petitioner's wife came forward to donate her organ. But it did not materialise on account of medical incompatibility. Offers made by other relatives also met the same fate. Seeing the petitioner's condition, Mrs.Radhika, W/o.Kuppan offered to donate her organ and she was found to be compatible. As she was not related, prior approval from the Authorisation Committee was required.

(2.) Accordingly, application in Form - 11 was submitted by the prospective donor and the petitioner. Their case is that the offer by Mrs.Radhika is out of love and affection and there is no commercial element in the transaction. However, the application was rejected. Challenging the same, the present writ petition has been filed.

(3.) The learned counsel for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to grant relief as prayed for.