WP 5023/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5023/2011 Abdul Matinuddin Abdul Karimuddin & another V/s The State & another. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri Satyajit S. Bora, Advocate for petitioners. Shri K.M. Suryawanshi, AGP for respondent nos.1 & 2. CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. Date: 12.07.2011 Heard learned counsel for the parties. This petition is directed against the order passed by the Authorization Committee, Government Medical College, Mumbai, dated 21.6.2010 and the order passed by the Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai, dated 13.9.2010 thereby refusing to grant permission for kidney donation, by petitioner no.2 to petitioner no.1. We have perused the orders dated WP 5023/11 2 21.6.2010 and 13.9.2010. We do not find any reason to interfere with the findings of fact recorded by both the authorities for refusing permission for kidney donation. It appears that the petitioners could not establish love and affection and bring any material to establish friendship between the two. The committee has also noticed that the petitioner no.1 is 49 years old, whereas the petitioner no.2 - the donor, is 29 years old and that they are residents of different places. Shri Bora, learned counsel for the petitioners, on instructions, seeks liberty to the petitioners to approach once again to the concerned authority with additional material / proof to establish love and affection / friendship between the donor and the recipient. He prays for withdrawal of this writ petition. Having considered overall facts and circumstances of the case and the submission made by learned counsel for the WP 5023/11 3 petitioners, we are satisfied that the following order shall meet the ends of justice. The orders passed by both the authorities stand confirmed. This, however, shall not preclude the petitioners from approaching the concerned authority afresh with additional material to establish love and affection / friendship between petitioner nos. 1 & 2. The concerned authority shall consider the additional material, that will be placed on record by the petitioners and pass appropriate order on merits in accordance with law. With these observations, the writ petition is disposed of. (S.B. Deshmukh, J.) (D.B. Bhosale, J.) Dt/- 12.07.2011 ndk/c12711