VINAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court and has prayed for quashing of the order dated 3.4.2012 (Annexure P-4) vide which no objection certificate sought by the petitioner for undertaking a renal transplant in Calcutta has been declined. The petitioner who is suffering from a renal disorder requires transplant as has been advised by MEDICA Super-speciality Hospital, Calcutta. According to Section 9(3)(e) of The Transplantation of Human Organs Act, 1994 (hereinafter referred to as the 'Act') it is incumbent upon a person seeking a transplant to seek a prior approval of the Authorization Committee. Section 9(3) of the Act is extracted herebelow:-

(2.) Therapeutic purposes have been defined in Section 2(o) of the Act to mean systematic treatment of any disease or the measures to improve health according to any particular method or modality. Section 2(o) is extracted hereunder:-

(3.) In accordance with the provisions of the Act, the petitioner applied for no objection certificate from the Authorization Committee which has declined the case of the petitioner for the following reasons which have been incorporated in Annexure P-4 and are extracted herein below:-