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Judgment
The 1st petitioner is a kidney patient undergoing treatment in the Medical Trust Hospital, Ernakulam, for both her kidneys and she is advised to have
transplantation of kidney. It is stated that since the kidneys of the close relatives of the 1st petitioner are not suitable for transplantation, the 2nd
petitioner has come forward to donate her kidney.
Petitioners submitted that though they submitted Exts.P9 and P10 applications along with all documents before the 2nd respondent, the same is not
forwarded.
Adv.R.S.Kalkura, the learned Counsel for the 2nd respondent submitted that petitioners are yet to submit application and as and when application
along with all the documents are produced, they will forward the same to the 1st respondent.
The transplantation of kidney from unrelated donors are governed by Section 9(3) of the Transplantation of Human Organs and Tissues Act, 1994
('the Act, 1994') and Rule 7(3) of the Transplantation of Human Organs and Tissues Rules, 2014 ('the Rules 2014'). The 1st respondent is the
authority constituted for examining the applications for transplantation of kidney in such circumstances when the donor is not related to the donee, in
accordance with the provisions contained in the Act and Rules.
Therefore, the writ petition is disposed of, with a direction to the 2nd respondent to forward the applications Exts.P9 and P10, as soon as it is received,
to the 1st respondent along with all the documents within a period of three days from the date of its receipt. There shall be a further direction to the
1st respondent to examine the said applications along with relevant documents after obtaining a report from the 3rd respondent and to take a decision
on it in accordance with the provisions contained in Section 9(3) of the Act, 1994 and Rule 7(3) of the Rules, 2014, as expeditiously as possible, at any
rate within a period of one month from the date of receipt of a copy of the judgment.