M. MAYA BOOPATHI Vs. AUTHORISATION COMMITTEE (TRANSPLANTATION)

JUDGEMENT

(1.) This Writ Petition is filed seeking for a direction to consider the Petitioner's Representation, dtd. 9/12/2024 seeking for grant of approval for kidney transplantation from the 2nd Petitioner to the 1st Petitioner without insisting no objection Certificate from the 3rd Respondent.

(2.) Private notice to the Third Respondent effected, proof filed on 2/1/2025 and the name of 3rd Respondent is printed in cause list. By consent of other parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

(3.) The First Petitioner is the cousin of the Second Petitioner, who is suffering from end level kidney failure, who is undergoing dialysis twice a week. The Doctor, who is treating the First Petitioner has recommended surgical extraction and transplantation of the kidney for the First Petitioner to survive. The First Petitioner is 40 years old and he has two children. The Second Petitioner has voluntarily come forward to donate one of his kidneys to the First Petitioner, following which, the physician concerned confirmed that the Second Petitioner's blood would be matched with the blood group that of the First Petitioner. Subsequently, the Petitioners approached the Second Respondent to perform the kidney transplantation. Since the Second Petitioner is not a near relative as defined under Sec. 2(i) of the Transplantation of Human Organs and Tissues Act, 1994, the second Petitioner has submitted a supporting Affidavit to that effect before the Second Respondent and the Petitioners have submitted all the relevant documents as required by the Second Respondent. However, the Second Respondent, without forwarding the same to the First Respondent, required the Petitioners to get no objection Certificate from the estranged wife of the Second Petitioner.