SHAMBHU NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter relates to transplantation of kidney, which the petitioner No.1 requires and petitioner No. 2, it has been claimed, is willing to donate for the said purpose. The petitioner No. 1 has accordingly been described as 'the proposed Recipient' and petitioner no.2 as 'the proposed Donor' for the purpose of present judgment and order.

(2.) This writ application under Article 226 of the Constitution of India has been filed jointly by the proposed Donor and the proposed Recipient seeking direction to the respondents for recommending/forwarding their case to the Authorization Committee of Patna Medical College and Hospital, Patna, for granting 'No Objection Certificate' for transplantation of kidney as the private hospital, namely, Paras HMRI Hospital, Bailey Road, Patna (Respondents No. 6 to 8), where the proposed Recipient was undertaking treatment for renal disorder, has refused the request for transplantation of kidney, which the proposed Donor has willingly agreed to donate. The petitioners also seek a direction to start pre-transplant treatment/medical test in respect of proposed Donor for donation of kidney in order to save the life of proposed Recipient. Parties have been heard.

(3.) The proposed Donor is, admittedly, not a near relative of the proposed Recipient within the meaning of Section 2(i) of the Transplantation of Human Organs and Tissues Act, 1994 (hereinafter to be referred to as the 'THO & T Act'). The proposed Recipient is a chronic patient of renal failure and undeniably requires kidney transplantation. He had been undergoing haemodylysis regularly in Paras HMRI Hospital, Bailey Road, Patna, (hereinafter to be referred to as the 'Private Hospital'), which is duly approved by the authorities under the THO & T Act read with Transplantation of Human Organs and Tissues Rules, 2014 (hereinafter to be referred to as the 'THO & T Rules').