AMIT GOYAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri Aditya Singh Rajput submits that this is second round of litigation. Petitioner is in a critical condition requiring urgent transplantation of kidney. It is also submitted that petitioner had approached this Court by filing Writ Petition No.21497/2021 (Amit Goyal versus State of Madhya Pradesh & Others) wherein vide order dtd. 20/10/2021, the respondent Nos.3 & 4 were directed to reconsider the application of petitioner and respondent No.5 within ten days on its own merits from the date of receipt of the order passed today. Thereafter, the authorities have again rejected the petitioner's representation vide order dtd. 27/10/2021 without considering the provisions as are contained in Sec. 9(3) of the Transplantation of Human Organs and Tissues Act, 1994 (for brevity "Act of 1994") so also the provisions as are contained in Rule 7(3) of the Transplantation of Human Organs and Tissues Rules, 2014 (for brevity "Rules of 2014"). It is also submitted that authorities cannot be indifferent to question of life and death of the petitioner and without taking into consideration the relevant provisions of the Act of 1994 and the Rules of 2014 passed an order in a cryptic and arbitrary manner.

(2.) Shri Anvesh Shrivastava is in agreement that if the matter is again relegated to the respondent No.3 then he shall be duty bound to decide the petitioner's representation after taking into consideration the provisions as contained in the Act of 1994 and the Rules of 2014 through a speaking order.

(3.) In view of such submissions jointly made by learned counsel for the parties, this petition can be disposed of with a direction to the respondent No.3 that the petitioner shall positively submit copy of writ petition alongwith copy of order being passed today so also copy of necessary provisions contained in the Act of 1994 and and Rules of 2014 for consideration of the authorities of respondent No.3 and that authority shall be obliged to consider and decide petitioner's representation through a speaking order after making compliance of the provisions as contained in Rule 7(3) of the Rules of 2014 or any other related provisions contained in the Act of 1994 and the Rules of 2014 within a further period of seven days thereafter.