THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
WRIT PETITION No.11512 OF 2021
ORDER:
1 The petitioner filed the present Writ Petition seeking to declare the communication bearing Rc.No.415/MAK/2021 dated 07.4.2021 issued by the fourth respondent, who is the Chairman of the third respondent as illegal and arbitrary and contrary to the order of this Court dated 30.3.2021 in I.A.No.3 of 2021 in W.P.No.4166 of 2021 and consequently to set aside the impugned communication issued by the fourth respondent.
2 The case of the petitioner is that the first petitioner has been suffering from hypertension for the last 30 years and the same had developed into a complication involving renal failure in both his kidneys. He was recommended by his doctors at the Asian Institute of Nephrology and Urology, Hyderabad to undergo another kidney transplantation and he has been in urgent need of it since March 2020. The second petitioner has a long association with the first petitioner. The first petitioner made an application through AINU, Hyderabad to the third respondent committee seeking approval to permit the second petitioner to donate his kidney to him. The third respondent, by way of proceedings in Rc.No.50688/MAK/2020 dated 17.12.2020 rejected the application of the first petitioner on the ground that it was not convinced with regard to the altruistic nature of donation. Aggrieved thereby the petitioners made a representation dated 19.12.2020 to the second respondent requesting him to take into consideration the application of the first petitioner to undergo kidney transplantation.
23 Since no action has been taken, the petitioners filed W.P.No.2808 of 2021 wherein this Court directed the second respondent to decide the representation of the petitioners within a period of two working days and further they were granted liberty to sensitize the second respondent with any judgment or any other material in their favour. However, due to the first petitioner suffering stroke, which resulted in implantation of cardiac stents, he was unable to attend the hearing schedule at the office of the second respondent, however the wife of the first petitioner and the second petitioner attended.
4 Thereafter, the second respondent, vide Rc.No.50688/MAK/2020 dated 15.02.2021 communicated the
rejection of the appeal of the petitioners once again holding that the altruistic nature of the donation was not established. Aggrieved thereby, the petitioners filed W.P.No.4166 of 2021. The petitioners filed I.A.No.3 of 2021 in the above Writ Petition praying this court to permit the second petitioner to donate his kidney to the first petitioner. This Court vide order dated 30.3.2021 permitted the second petitioner to do so and directed the third respondent committee to look into the statutory requirement under Rule 7 (3) (vii) in the notification dated 27.3.2014 issued by the Ministry of Health and Family Welfare, whereby it was required to evaluate the financial status of the donor as well as the recipient.
5 The petitioners approached the offices of the fourth respondent who is the Chairman of the third respondent Committee submitting the requisite statements of their assets and liabilities. The fourth respondent who is the Chairman of the third respondent committee 3 vide proceedings Rc.No.415/MAK/2021 dated 07.4.2021, while referring to the documents submitted on 03.4.2021, observed that there was no clarity with regard to the income proof of the donor i.e. the second petitioner and requested the petitioners to submit the proper income certificate for the previous three financial years along with bank statement of the second petitioner. Aggrieved thereby, the petitioners filed the present Writ Petition.
6 Heard the learned counsel for the petitioners and the learned Government Pleader for Medical and Family Welfare. 7 Admittedly, by proceedings dated 07.4.2021, the respondents asked the petitioners to submit proper income certificate for the previous three financial years along with bank statement of the second petitioner. Instead of furnishing those documents, the petitioners filed the present Writ Petition.
8 Having regard to the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Writ Petition is disposed of directing the petitioners to approach the concerned authority along with the documents which they sought for clarification, as directed. On furnishing the same, the concerned authority shall take a decision forthwith. No order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
__________________________ T. AMARNATH GOUD, J.
Date: 30.7.2021 C.C. Today B/o Kvsn