DILIP KUMAR PAHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is a renowned nephrologist with several achievements to his credit. The petitioner is aggrieved by a communication of the Directorate of Health Services (DHS), Government of West Bengal to the Director of the Ohio Hospital and Medical Centre, Kolkata dtd. 14/1/2022, by which the registration of the Hospital for organ transplantation was kept in abeyance on several grounds including that of the petitioner's name being included in the transplant team of the Hospital. The ground given was that certain litigations are pending against the petitioner on the issue of renal transplantation.

(2.) The petitioner seeks cancellation of this decision and protection from the Court in relation to the petitioner's association with any Hospital for the purpose of carrying out kidney transplantation.

(3.) Learned counsel appearing on behalf of the petitioner relies on The Transplantation of Human Organs and Tissues Act, 1994 (TOHO Act) and submits that the role of medical practitioners is regulated under the said Act including the responsibilities and obligations of clinical establishments where transplantation of human organs is carried out. Counsel submits that the petitioner has virtually been blacklisted from participating as a member of the kidney transplantation team not only in Ohio Hospital but also in other Hospitals including Medica. Counsel places the representations made to the Director of Health Services by the petitioner in December, 2021 and by AMRI in August, 2021 which have not been responded to by the authorities. Counsel submits that of the two criminal proceedings pending against the petitioner, this Court granted stay in one of such proceedings in 2016. Counsel submits that several other doctors who are involved in the second criminal proceeding have been allowed to practice in the area of renal transplantation. Counsel denies the seriousness of the allegations levelled against the petitioner.