POONAM GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this writ petition, the petitioner seeks quashing of the orders dated 5. 2. 2009 and 2. 4. 2009 (Annexures P-4 and p-9) passed by the "authorization Committee" and the "appellate Authority" respectively, whereby prior permission for transplantation of kidney sought to be donated by respondent No. 4 (donor) to the petitioner (recipient) has been declined.

(2.) THE petitioner who was detected to be suffering from high blood pressure in the year 1994, was unfortunately diagnosed with renal failure in the year 1998 and is stated to be undergoing treatment from various hospitals including Dayanand Medical College and Hospital, Ludhiana and Silver Oaks Hospital, SAS Nagar (Mohali ). In the year 2008, the petitioner was stated to have been advised transplantation of the kidney by the doctors as both of her kidneys have stopped functioning completely.

(3.) THE petitioner found a willing donor in respondent No. 4 and therefore, sought "prior approval" of the Authorization Committee in terms Of Section 9 (3) of the Transplantation of Human Organs Act, 1994 (in short the act ). The Authorization Committee vide its order dated 5. 2. 2009 (Annexure P-4) declined the permission. The petitioner preferred an appeal as provided under Section 17 of the Act but the same has also been dismissed by the Appellate Authority vide order dated 2. 4. 2009 (Annexure P-9 ).