GUNDA ESHWAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) First petitioner claims that he suffered renal failure and undertaking dialysis every alternative day. First petitioner was advised surgical extraction and transplantation of one new kidney by replacing any of the damaged kidneys. First petitioner contends that due to prolonged dialysis for the last three years side effects developed and is having other health problems. According to first petitioner, his wife is having medical problems and Doctors ruled out the donation of her kidney. He has 20 year child who is persuing her education and cannot donate the kidney organ. Second petitioner, who is associated with the first petitioner, came forward to donate his kidney. As per medical advice, first petitioner applied to the competent authority to grant permission to accept the donation offered by the second petitioner. The request of first petitioner was rejected by the Authorization Committee for Organ Transplantation by proceedings dated NIL, September, 2018. Aggrieved thereby, appeal was preferred. The appellate authority vide his proceedings dated 08.01.2019 rejected the appeal affirming the decision of the Authorization Committee. Aggrieved thereby, this Writ Petition is filed.

(2.) Heard learned counsel for petitioners and learned Government Pleader for respondents.

(3.) On 13.01.2019 when the matter was taken up for consideration, on behalf of learned Additional Advocate General, learned Special Government Pleader pointed out that there is inconsistency in the stand taken by the first petitioner with regard to the health condition of his wife. According to the learned Special Government Pleader, first petitioner was stating that his wife is suffering with Diabetic/Renal Calculus, whereas in the certificate issued by the Apollo Hospital, the above ailments were not mentioned. The Court noticed that certificate produced by the first petitioner to the effect that his wife is suffering from Diabetic/Renal Calculus is from a private hospital, without any date. Therefore, matter was adjourned to enable the first petitioner to place on record a clarificatory affidavit. Accordingly, clarificatory affidavit is filed enclosing treatment/medical reports.