JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JASWINDER Singh has approached this Court by invoking its extra-ordinary writ jurisdiction under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing orders dated 24.12.2007 (Annexure P13) and dated 27.2.2008 (Annexure P14) passed by the Chairman, Authorisation Committee, respondent No. 2 and Secretary, Medical Education and Research, respondent No. 1 respectively.

(2.) IN brief, the case of the petitioner is that he had suffered a complete renal failure at the age of 50. He has been advised for the transplantation of the said organ. His mother, aged 77 years, his wife, aged 49 years and son, aged 24 years, could not donate their kidney to him as their blood group did not match with that of the petitioner. However, the petitioner found a willing donor, namely Manjit Singh, aged 35 years, who is known to his family. Manjit Singh gave his consent to be a donor and the Hospital authorities, after matching his blood etc., found him fit to donate his kidney to the petitioner. Dr. Arjinder Singh Bains, MS (PGI ), Chief Transplant Surgeon certified that Jaswinder Singh petitioner is suffering from chronic renal failure and needs kidney transplantation which is being donated by Manjit Singh whose complete work has been done and is found to be fit to donate his kidney.

(3.) SINCE the donor was not a relative of the petitioner, therefore, he had to seek an approval from the Authorisation Committee as per Section 9 sub-section (3) of the Act. Section 9 sub-section (5) provides for a joint application by both the parties. For that purposes affidavits were filed by Manjit Singh which are attached as Annexure P6, his father Annexure P7, his mother Annexure P8, his wife Annexure P9, his sister Annexure P10 and his brother Annexure P11. An enquiry was also conducted by the Senior Superintendent of Police, Sangrur which was submitted to the Civil Surgeon-cum- Member Secretary of the Committee on 3.8.2007 in which it was categorically mentioned that Manjit Singh is donating his kidney out of his own free will and without any pressure and fear. The police gave no objection for donation of the kidney by Manjit Singh to Jaswinder Singh petitioner.