Samad V And Ors vs District Level Authorization Committee And Ors

This writ petition is filed seeking the following prayer :-

"Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Ext.P6 and Ext.P7 applications, within a time stipulated by this Hon'ble Court."

Heard the learned counsel for the petitioners and the learned Government Pleader appearing for respondents 1 and 3.

It is submitted by the learned counsel for the petitioners that though an application had been preferred before the 2nd respondent for effecting an unrelated kidney transplant, it has not been forwarded by the 2nd respondent on the ground that it is not accompanied by a Certificate from the 3rd respondent. It is submitted by the learned counsel for the petitioners that the verification by the 3rd respondent is not a condition precedent for the forwarding of the application and the 1st respondent, who is the Authority under the enactment can call for reports of the 3rd respondent, if required.

Having considered the contentions advanced and having heard the learned counsel appearing on either side, I am of the opinion that the application preferred by the petitioner is liable to be considered by the 1st respondent in accordance with law.

Accordingly, there will be a direction to the 2nd respondent to forward Ext.P6 and Ext.P7 applications to the 1st respondent for consideration, at the earliest. The 1st respondent shall conduct all due verifications including by reference to the 3rd respondent, if found necessary, and shall pass appropriate orders after considering all relevant aspects of the matter. Orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.

Writ petition is disposed of as above.