IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 457 of 2010(F) ------------------------ PETITIONER: --------------- JIMNESH.M., AGED 23 YEARS, S/O.BALAKRISHNAN, MALAYIL HOUSE, CHEMARATHUR P.O., VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SAIJO HASSAN PRATHAP PILLAI RAJAN VELLOTH SABU SREEDARAN RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH, CENTRAL SECRETARIAT, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT OF KERALA, HEALTH & FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 5. THE CHAIRMAN, DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR HUMAN ORGAN TRANSPLANTATION (CENTRAL ZONE) THRISSUR MEDICAL COLLEGE, THRISSUR. 2 WPC NO. 457/2010 6. THE CHAIRMAN, AUTHORIZATION COMMITTEE FOR HUMAN ORGAN TRANSPLANTATION, KERALA (CENTRAL ZONE), (PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM). R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA SRI. P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rkc T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 457 of 2010-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2010. JUDGMENT The petitioner herein is aggrieved by Ext.P9 order by which the Central Zone Authorisation Committee rejected his request for transplantation of kidney. Accordingly, permission was refused. 2. The petitioner is aged 23 years. He is suffering from chronic kidney failure and is on regular maintenance haemodialysis for the last two years. He is undergoing treatment at West Fort Hi-Tech Hospital, Thrissur for renal disorder. It is averred that the petitioner has to undergo dialysis thrice in a week to sustain his life. Finally, the doctor advised that transplantation of kidney is the only possible medical solution. 3. One Mr. P. Mohanan, a family friend of the petitioner is the donor of kidney. Accordingly, consent was obtained and Ext.P2 was submitted jointly by the petitioner and the said Mohanan before the 5th respondent. 4. The rejection of the permission is mainly on the ground of suspected Altrusim of donor. 5. Learned Govt. Pleader on instructions, submitted that the 4th respondent Director of Medical Education has directed the authority to wpc 457/2010 2 reconsider the matter and appropriate steps will be taken in this regard either by the Central Zone Committee or by the District Level Committee. 6. In the light of the urgency shown by the petitioner, learned counsel for the petitioner prayed that a direction may be issued to the competent authority to take a decision urgently. Therefore, there will be a direction to respondents 4 to 6 to take a fresh decision in the matter within a period of two weeks from today. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/