Kerala High Court
Ummusalma vs The District Level Authorization ... on 26 September, 2023
CR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945
WP(C) NO. 30365 OF 2023
PETITIONER:
1 SOUBIYA, AGED 34 YEARS, W/O. SAFEER,
KALATHIL HOUSE, PUTHUKULANGARA, TANALUR P.O.,
MALAPPURAM DISTRICT, PIN - 676307
2 ANIL C.V., AGED 32 YEARS, S/O. AYYAPPAN,
KARENGAPARAMBIL HOUSE, ATHIPATTA, EDAYOOR,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676552
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM,
ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY,
REPRESENTED BY ITS CHAIRMAN., PIN - 683104
2 THE CONVENER,LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
MEDICAL TRUST HOSPITAL LTD, ERNAKULAM DISTRICT,
PIN - 682016
3 THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR,
DY.S.P. OFFICE, THRIKANDIYUR P.O.,
MALAPPURAM DISTRICT, PIN - 676104
BY ADVS
SRI. R.S.KALKURA
SRI. SUNIL K.KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.09.2023, ALONG WITH WP(C)NO.30984/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WPC 30365/23 & 30984/23
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945
WP(C) NO. 30984 OF 2023
PETITIONERS:
1 UMMUSALMA, AGED 43 YEARS, D/O. MUHAMMED C.,
MELEPURATH HOUSE, PALOOR, CHEMMALASSERY P.O.,
MALAPPURAM DISTRICT, PIN - 679323
2 MINI P.S., D/O. SUBRAMANIAN, KATHIKODATH HOUSE,
KOOLIMUTTAM, MATHILAKAM,MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680691
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM,
ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY,
REPRESENTED BY ITS CHAIRMAN., PIN - 683104
2 THE CONVENER, LOCAL COMMITTEE OF ORGAN
TRANSPLANTATION, MEDICAL TRUST HOSPITAL LTD,
ERNAKULAM DISTRICT, PIN - 682016
3 THE DEPUTY SUPERINTENDENT OF POLICE, KODUNGALLUR,
DY.S.P. OFFICE, KODUNGALLUR P.O., THRISSUR
DISTRICT, PIN - 680664
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.09.2023, ALONG WITH WP(C)NO.30365/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WPC 30365/23 & 30984/23
3
CR
JUDGMENT
[WP(C) Nos.30365/2023, 30984/2023]
The first petitioners in these two Writ Petitions are patients
waiting for kidney transplantation - who are now stated to be
surviving on dialysis and other life support mechanisms. They say
that, even though they have placed their request for the afore -
identifying the 2nd petitioners to be their respective donors, the 2 nd
respondent - Hospital is refusing to forward the same to the 1 st
respondent - District Level Authorisation Committee (DLAC), solely
for the reason that a Police Clearance Certificate ('PCC') has not
been obtained by them.
2. The petitioners assert that, consequent to the coming into
force of Transplantation of Human Organs and Tissues Rules, 2014
(herein after referred to as 'Rules 2014'), 'PCC' is unnecessary to be
obtained; and therefore, that the 2nd respondent must be directed to
forward their applications, along with other relevant documents, to
the 1st respondent, so that the said Authority can take a final
decision urgently. They plead that this be done quickly, because
WPC 30365/23 & 30984/23
they are awaiting organ transplantation for the last several months
and are in great distress now.
3. Sri.Sunil Kumar Kuriakose - learned Government Pleader,
pertinently, also affirmed that a 'PCC' is not necessary and that what
is now required by the petitioners to obtain is a 'Certificate of
Altruism' from the District Superintendent of Police, or Deputy
Superintendent of Police, of the District having jurisdiction over the
donor and the recipient. He, however, added that the DLAC has
been statutorily entrusted with the competence to decide all
modalities; and hence, that if the petitioners are to present
themselves before the said Authority, as and when they are called, a
final decision on such a certificate being obtained by them will also
be taken by them. He submitted that he is making this submission,
so that the processes in favour of the petitioners can be expedited;
but added that the DLAC can issue final authorisations only if all
relevant and germane requirements are satisfied.
4. Sri.R.S.Kalkura - learned Standing Counsel for the 2nd
respondent - Hospital, submitted that his client is only acting per
the directives given to them by the 1st respondent - DLAC; and
WPC 30365/23 & 30984/23
that, if this Court so directs, they are willing to forward the
documents obtained from the petitioners to the said Authority. He
submitted that, however, his client will have to abide by the final
decision to be taken by the DLAC.
5. When I consider the afore rival submissions, it is
indubitable that there are certain specified prescriptions stipulated in
the 'Rules', to apply in the process of organ donation. This Court
cannot, certainly, dilute the same or relax it in individual cases.
6. To paraphrase, the petitioners will have to follow the
mandate of law strictly and scrupulously, because it is only if the
systems are robust, can the laudable intent behind organ donation
be preserved.
7. That said, since the learned Government Pleader says that
all which the petitioners require is to obtain a 'Certificate of
Altruism' from the Superintendent, or Deputy Superintendent of
Police, of the area where both the recipient and donor are residing
and not a 'PCC'; and that too, subject to it being insisted by the 1 st
respondent - DLAC, I am certain that this is a matter that should
be left to such Authority to decide.
WPC 30365/23 & 30984/23
In the afore circumstances, these Writ Petitions are ordered in
the following manner:
a) The 2nd respondent - Convener of the Local Committee of
Organ Transplantation of the Hospital concerned, will forward the
applications of the petitioners, along with all necessary documents,
except 'Certificate of Altruism', to the 1st respondent - DLAC; and
this shall be done within a period of one week from the date of
receipt of a copy of this judgment.
b) On the afore applications reaching the 1st respondent -
DLAC, its competent Authority will notify the petitioners and inform
them whether they have to obtain a 'Certificate of Altruism' from
the concerned Police Authority.
c) If the DLAC is to find that no such Certificate is required
in these cases, they will complete the processes, leading to necessary
permissions to be granted to the petitioners, within a period of one
month thereafter.
d) However, if, on the contrary, the DLAC is to find that
'Certificates of Altruism' are required to be obtained by the
petitioners, they will intimate them of such within a period of two
WPC 30365/23 & 30984/23
weeks from the date on which they receive applications from the 2 nd
respondent; upon which, the petitioners will be required to obtain
the same and produce it before the said Authority, as per law.
e) On the afore being done, the DLAC will take a final
decision on the petitioners' request, within a period of one month
from the date on which such Certificate is produced.
f) Needless to say, if the 1st respondent calls upon the
petitioners to obtain a 'Certificate of Altruism', the 3 rd respondent -
Deputy Superintendent of Police, or such other competent Authority,
will act upon the applications for such to be made before them; and
will issue necessary certificates without any avoidable delay, but not
later than two weeks from the date on which it is received by
them, after making all necessary enquiries.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 30365/23 & 30984/23
APPENDIX OF WP(C) 30984/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE PRESIDENT OF PULAMANTHOLE GRAMA
PANCHAYATH DATED 14.09.2023
Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE PRESIDENT OF MATHILAKAM GRAMA
PANCHAYATH DATED 11.09.2023
Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HER HUSBAND
DATED 11.08.2023
Exhibit P4 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HER DAUGHTER
DATED 11.08.2023
Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT OF THE
PETITIONERS DATED 18.09.2023
Exhibit P6 THE TRUE COPY OF THE AFFIDAVIT OF THE
DONOR DATED 18.09.2023
Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE
HUSBAND OF THE DONOR DATED 18.09.2023
Exhibit P8 THE TRUE COPY OF THE FORM 3 APPLICATION OF
THE PETITIONERS DATED 18.09.2023
Exhibit P9 THE TRUE COPY OF THE FORM 11 APPLICATION
OF THE PETITIONERS DATED 22.07.2023
Exhibit P10 THE TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 2ND RESPONDENT DATED 21.06.2023
Exhibit P11 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.28845/2023 OF THIS HON'BLE COURT
DATED 25.08.2023
WPC 30365/23 & 30984/23
APPENDIX OF WP(C) 30365/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE PRESIDENT OF TANALUR GRAMA PANCHAYATH
DATED 14.06.2023
Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE PRESIDENT OF EDAYOOR GRAMA PANCHAYATH
DATED 08.06.2023
Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HIS MOTHER
DATED 08.06.2023
Exhibit P4 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HIS SISTER
DATED 22.06.2023
Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT OF THE
PETITIONERS DATED MAY, 2023
Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE DONOR
DATED 13.09.2023
Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE MOTHER
OF THE DONOR DATED 13.09.2023
Exhibit P8 THE TRUE COPY OF THE CONSENT OF THE SISTER
OF THE DONOR DATED 13.09.2023
Exhibit P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF
THE PETITIONERS DATED 13.09.2023
Exhibit P10 THE TRUE COPY OF THE FORM 11 APPLICATION
OF THE PETITIONERS DATED 26.05.2023
Exhibit P11 THE TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 2ND RESPONDENT DATED 06.07.2023
Exhibit P12 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.28845/2023 OF THIS HON'BLE COURT
DATED 25.08.2023
RESPONDENT EXHIBITS
Exhibit R2(a) True copy of the renal transplant
checklist detailing the documents that are
required to be submitted with the 2nd
respondent
