M ANOOP Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE writ petitioner is the proposed recipient of the kidney transplantation from the donor - Mrs. Maya Vinod. Both of them are the residents of Kerala. THE petitioner, who is a medical practitioner practicing in Kannur Town and having renal failure, states that none of his relatives are able to provide kidney due to various scientific reasons, including different blood group, etc. and ultimately, the said Mrs. Maya Vinod has accepted to donate her one kidney with the consent of her husband and she has also applied as per the provisions of the Transplantation of Human Organs Act, 1994 (for brevity, "the Act") and the Rules framed thereunder.

(2.) THE said Act requires the approval of the Authorization Committee before any registered hospital can perform the transplant operation. Since both the petitioner/recipient as well as the donor belong to Kerala, the Central Zone Authorization Committee, Medical College, Kottayam, constituted as per the provisions of the Act and the Rules framed thereunder, has conducted elaborate enquiry by examining the said donor along with her husband and ultimately, the Authorization Committee, Medical College, Kottayam has given No Objection Certificate, the contents of which are as follows:

(3.) THEREFORE, the question that is involved in this case is when the Authorization Committee in Kerala, before whom both the recipient and the donor have appeared, after conducting an enquiry as required under the statute has issued a No Objection Certificate, whether the Authorization Committee of the State of Tamil Nadu can have the same jurisdiction to examine once again the donor and the recipient by satisfying itself about the consequences?