Court No. - 29
Case :- WRIT - C No. - 31436 of 2018 Petitioner :- Ramesh Chandra Vishwakarma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Praveen Kumar,Pradeep Kumar Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Mukhtar Ahmad,J.
Supplementary affidavit filed today is taken on record.
The petitioner by means of this writ petition wants that his application filed under Rule 19 of Transplantation of Human Organ and Tissues Rules 2014, annexure-3 to the writ petition, dated 10.9.2018 submitted before the District Level Authorization Committee be directed to decide forthwith within a time bound period.
The facts as revealed in the writ petition establishes that the petitioner is suffering from chronic kidney disease and both his kidneys have been damaged and require transplantation. The maternal aunt (Mami) of the petitioner has consented to donate her kidney to him but since she does not fall within the definition of the near relative, he is facing difficulty in getting the transplantation done.
Rule 19 of the Transplantation of Human Organ and Tissues Rules, 2014 provides that where the proposed transplantation is between the persons other than near relatives, the case has to be dealt with by the authorization committee of the hospital or by the District or State Level Authorization Committee.
The submission of learned counsel for the petitioner is that the petitioner has been registered as patient for undergoing transplantation with SGPGI, Lucknow but there is no Authorization Committee in the Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow. Therefore, petitioner has submitted application for above purpose to the District Level Authorization Committee which has not been considered.
It is a serious matter which requires immediate attention of the authorities, therefore, we dispose of the writ petition with the direction to the District Magistrate/ Chairman, District Organ Transplant Committee, Allahabad, respondent no.5 to consider the above application of the petitioner dated 10.9.2018 alleged to be filed under Rule 19 of the above Rules in accordance with law most expeditiously, if possible, within a period of two weeks from today and to send the necessary documents and papers to the Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow, whereupon the hospital authorities may take appropriate steps for the treatment of the petitioner.
The writ petition is disposed of with the above observation.
Order Date :- 20.9.2018 Fhd.