SURESH GARG Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking a direction to the respondent No.3 to grant the approval for Renal transplantation (Kidney) and to expedite the process of Kidney transplantation between petitioner Nos.1 and 2 without any further delay to save the life of the petitioner No.1, who is on the deathbed.

(2.) Vide order dtd. 30/8/2022, the respondent No.3 was directed to consider the claim of the petitioner and to decide the same as expeditiously as possible preferably within a period of seven days. Keeping in mind the pronouncement made by this Court as well as provision of law on the subject and take a decision in respect of the Kidney transplantation between petitioner Nos.1 and 2 and submits its report before this Court on or before the next date of hearing i.e. how the matter is taken for hearing today. However, respondents have not filed the report as directed by this Court. Looking to the urgency shown by the petitioners, this case is being taken up for hearing and is being disposed of.

(3.) Brief facts leading to filing of the instant petition are that the petitioner No.1 is on deathbed fighting for his life due to failure of Kidney. The petitioner No.2 has readily agreed to donate the Kidney to petitioner No.1. Earlier, the claim of the petitioners was rejected vide order dtd. 19/5/2022. Thereafter, the petitioner Nos.1 and 2 again file an application jointly before respondent No.5 but the same is still pending, no decision whatsoever has been taken. It is stated that the petitioner No.1 was examined and advised to undergo Kidney transplantation, whereby all his blood relatives were examined, but none of them were found to be medically fit and competent to donate Kidney to him. However, the Kidney of petitioner No.2 was found to medically fit for the purpose of transplantation. A detailed medical examination by the specialist doctors were carried out on the petitioner Nos.1 and 2 and there is no objection from any one for donating the Kidney. In such a situation, the authorities are bound to follow the mandate of "The Transplantation of Human Organs Act, 1994" and "The Transplantation of Human Organs and Tissues Rules, 2014" (hereinafter referred to as "the Rules").