Ranjeet Vishnu Mane vs The Union Of India Thr Ministry Of ...
2022 Latest Caselaw 2576 Bom

                                                                     903-ASWPST-4757-2022.DOC




                      Arun



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION (ST) NO. 4757 OF 2022


                      Ranjeet Vishnu Mane                                        ...Petitioner
                            Versus
                      The Union of India & Ors                                ...Respondents


                      Mr Vikas Kolekar, for the Petitioner.
                      Mr PG Sawant, AGP, for Respondent.


                                           CORAM        G.S. Patel &
                                                        Madhav J. Jamdar, JJ.

                                           DATED:       15th March 2022
                      PC:-

1. The Petition seeks a limited relief. The Petitioner has a request to be allowed to undergo a kidney transplant operation at the Jaslok Hospital and Research Centre, to receive the organ in question, a kidney from a relative one Rupesh Shankar Mane. The 2nd Respondent is the director of the Directorate of Medical Education, St George Hospital.

ARUN

2. The Petitioner resides at Panvel. In January 2019, the RAMCHNDRA SANKPAL Petitioner complained of abdominal pain. Tests revealed that he was Digitally signed by ARUN RAMCHNDRA SANKPAL suffering from advance kidney disease. Both kidneys failed and the Date: 2022.03.15 16:02:48 +0530 transplant was recommended. The Petitioner sought a donor from

15th March 2022 903-ASWPST-4757-2022.DOC

amongst the family. There is a medical history in the family of kidney disease.

3. Paragraph 7 points out that other relatives were unable to make the donation. Finally the Petitioner found a relative residing at Bhandup who was prepared to donate a kidney. The donor and the Petitioner have filed Affidavits to show that their willingness for blood typing and tissue cross match.

4. Sir JJ Group Hospital authority has collected samples from the Petitioner and the donor. A form is to be filed up for certification of a genetic relationship. The DNA typing was inconclusive. Because the DNA typing Form No.5 was rejected, Sir JJ Group of Hospitals could not provide a fresh Form and could not process the application for donation.

5. The Petitioner has suffered from this disease for four years. He undergoes dialysis every two days at a Hospital at Kamote. The kidney transplant surgery has been pending for this time. The donor has done a self-declaration on 23rd February 2021. The donor and the Petitioner maintain that they are relatives. They seek that the Form No.5 for DNA typing be dispensed with. The Petitioner points out that his wife is diabetic and their daughter, Riya is only 16 years old.

6. The Petitioner also states he is willing to pay the fees of Jaslok Hospital. He requests that Jaslok Hospital be directed to submit the Petitioner's proposal to the Directorate of Medical Education and

15th March 2022 903-ASWPST-4757-2022.DOC

then to permit the Petitioner to undergo the kidney transplant procedure at Jaslok Hospital after receiving the organ from the donor, Rupesh Shankar Mane.

7. We are prepared to make necessary order given the human situation involved. However, we must defer to the clinical judgment and reports as to compatibility by the Jaslok Hospital.

8. All applicable Rules and Regulations adopted by the Jaslok Hospital will apply. These cannot not be dispensed with. Any applicable State Government regulations must also be followed.

9. It is for this purpose that we reiterate that the genetic relationship between the Petitioner has chosen donor was not established by DNA typing at Sir JJ Group of Hospitals. This may create surgical complications, but we leave that to the attending authorities at Jaslok Hospital, including the Nephrologist to determine. We are abundantly clear that Jaslok Hospitals is not to assume any financial or other responsibilities. The assessment and decision of Jaslok Hospital is one that we will have to respect.

10. We make it clear that we are not directing Jaslok Hospital to perform the kidney transplant procedure irrespective of other mandatory checks and compliances. We are only directing Jaslok Hospital to consider the suitability of the Petitioner and the donor and if found suitable to forward the case papers to the 2nd Respondent.

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11. The Petitioner is directed to forward a copy of this order and a copy of the Petition to both the 2nd Respondent, the Director, Directorate of Medical Education, St George Hospital, CST, Mumbai as also to Jaslok Hospital and Research Centre, 15, Dr Gopalrao Deshmukh Marg (Pedder Road), Mumbai 400 026.

12. The communication to Jaslok Hospital should be addressed to Mr Jitendra Haryan, CEO, Mobile No. 9820548009 and also to George Allex, CEO, Mobile No. 9769211364.

13. All concerned are requested to act on production of an authenticated or digitally signed copy of this order.

14. We list the matter on Thursday, 17th March 2020 at 10.30 am.

(Madhav J. Jamdar, J)                                   (G. S. Patel, J)





                              15th March 2022