INDU BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition, the petitioner seeks a direction from the Court to the opposite parties for according necessary permission for kidney transplantation of her husband from a unrelated donor.

(2.) The petitioner's husband namely Dillip Kumar Behera belongs to Scheduled Caste community. He is suffering from bilateral chronic medical reneal diseases since 2010. He is also suffering from paralysisand other multiple diseases. He is under constant dialysis and under Intensive Care Unit of different hospitals including Apollo Hospital, Bhubaneswar. Due to non-functioning of both the kidneys, the petitioner's husband is in serious condition and is under constant treatment of Dr. Nitish Kumar Mohanty, who is the Senior Consultant, Nephrology and Transplant Consultant of Apollo Hospital, Bhubaneswar.

(3.) When the matter came up before this Bench on 15.3.2013 after hearing parties this Court directed the Managing Director, Apollo Hospital, Bhubaneswar, opposite party no.4, to process the application forthwith and send it to the Authorisation Committee. It was further directed that the Authorisation Committee shall process the same and take a decision within twenty-four hours from receipt of such application and report to this Court on 20.3.2013. On 25.3.2013 the matter was again taken up wherein this Court was informed that the Apollo Hospital, Bhubaneswar is only authorized to take up transplantation in respect of near relatives in terms of Section 2(i) of the Act and there is noncompliance of Rule 6F(d) of the Transplantation of Human Organs Rules,1995. That apart pursuant to the proceeding dated 19.3.2013, the Authorisation Committee asked for nine documents for the decision in this matter. This Court perused the files produced by learned Addl.