ARUP KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) As the issues raised in the writ petition relates to the working of Transplantation of Human Organs Act, 1994 (hereinafter referred to as "TOHO Act, 1994"), keeping the urgency and the need of the Petitioner to obtain transplantation of his kidney, the operative part of the judgment was passed on 20.8.2010 which reads as follows:

(2.) Petitioner No. 1, namely, Arup Kumar Das, aged about 28 years, who is an advocate by profession, is suffering from kidney failure and is surviving by undergoing regular dialysis from time to time. On the advice of the medical specialist attached to the Kalinga Hospital, Bhubaneswar, the Petitioner has been advised to undergo kidney transplant. Petitioner No. 1 could not obtain a donor from within his family, since the brother who had agreed to be a donor was a diabetic, for which reason he was medically unfit to be a donor. Petitioner No. 2, namely, Nilakantha Muduli, aged about 35 years (a non-family member) came forward to donate a kidney in favour of the Petitioner.

(3.) From the records of the proceeding, it appears that the application of the Petitioner Nos. 1 and 2 was forwarded to the "Authorisation Committee", set up by the State Government under Section 9(4)(b) of the TOHO Act, 1994, which rejected the said application. The Petitioners preferred an appeal before the appellate authority under Section 17 of the TOHO Act, 1994 and the said appellate authority affirmed the order of the Authorisation Committee and rejected the prayer of the Petitioners on the following grounds: