IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 429 of 2010. [O&M] Date of Decision: 21st July, 2010. Sanjay Chhabra Petitioner through Mr. Hitesh Kaplish, Advocate Versus State of Punjab & Ors. Respondents through Mr. H.S.Brar, Addl.AG, Punjab. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] The petitioner who is suffering from renal failure, seeks a direction to the respondents to issue him 'No Objection Certificate' for the transplantation of kidney in Remedy Advanced Diagnostic and Medicare Clinic at Kolkata. The petitioner is a permanent resident of Punjab State whereas the donor of the kidney is stated to be belonging to the State of West Bengal. Similarly, the hospital where the petitioner wants to be operated upon for renal transplantation is also located in Kolkata. [2]. From the reply/affidavit filed by the respondents, it appears that they are reluctant to issue the 'No Objection Certificate' without verifying the genuineness and bona-fide of the donor. [3]. Rule 6-B of the Transplantation of Human Organs Rules, 1995 reads as follows:- “6-B. The State level committee shall be formed for the purpose of providing approval or no objection certificate to the respective donor and recipient to establish the legal and residential status as a domicile State. It is mandatory that if donor, recipient and place of transplantation are from different States, then the approval or “no objection certificate” from the respective domicile State Government should be necessary. The institution where the transplant is to be undertaken in such case the approval of Authorization Committee is mandatory”. [4]. From the plain reading of the Rule ibid, it appears that the investigation into the residential status of the donor, recipient and the place of the Hospital for transplantation is undoubtedly required to be done but only by the respective Prescribed Authorities where they are located. The respondents could insist for verification of genuineness and bona-fide of the donor or the Hospital also provided that the petitioner had opted for renal transplantation in a hospital located in the State of Punjab. [5]. As per the Rules, the respondents need to verify the antecedents of the petitioner and issue the 'No Objection Certificate' qua him only which shall obviously not dispense with the obligation of verifying the genuineness or bona-fides of the donor as well as the hospital concerned, by the Prescribed Authority in the State of West Bengal. In other words, the respondents shall be at liberty to issue a conditional 'No Objection Certificate' with a clear stipulation therein that the antecedents, genuineness and bona-fides of the donor and `hospital' shall be verified by the Competent Authority in the State of West Bengal. Let the conditional 'No Objection Certificate' be issued to the petitioner within a period of one week from the date a certified copy of this order is produced. Disposed of. Dasti. July 21, 2010. ( SURYA KANT ) dinesh JUDGE