Kerala High Court
Jaise Jacob V vs The State Of Kerala on 11 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:69410
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 32478 OF 2024
PETITIONER:
JAISE JACOB V, AGED 62 YEARS,
VETTIKKATIL HOUSE, GANDHINAGAR, THELLAKAM P.O,
EETUMANOOR, KOTTAYAM., PIN - 686016
BY ADVS.
JOE S. ADHIKARAM
ARUN THOMAS
ANIL SEBASTIAN PULICKEL
MATHEW NEVIN THOMAS
KURIAN ANTONY MATHEW
SHINTO MATHEW ABRAHAM
LEAH RACHEL NINAN
KARTHIK RAJAGOPAL
APARNNA S.
NOEL NINAN NINAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001
2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF
HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT,
ANNEX-2, THIRUVANTHAPURAM, KERALA, PIN - 695001
3 RAJAGIRI HOSPITAL,
CHUNANGAMVELY, ALUVA, KERALA, REPRESENTED BY ITS
DIRECTOR, PIN - 683112
4 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS
ERNAKULAM, ERNAKULAM MEDICAL COLLEGE HOSPITAL,
KALAMASSERY, REPRESENTED BY ITS CHAIRMAN, PIN - 683104
SR.GP.SUNIL KUMAR KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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2
JUDGMENT
The petitioner is suffering from chronic liver disease and
requires urgent transplantation surgery to sustain his life. The
petitioner was facing a predicament since no matching organ
could be found from among his relatives. While so, a lady
name, Sandhya S. volunteered to donate her organ. Thereupon,
an application seeking approval of the 4 th respondent for
conducting the altruistic transplantation was submitted. By
Ext.P14, the 4th respondent Committee rejected the application.
Hence, this writ petition.
2. The learned Senior Counsel contended that the
reasons stated in Ext.P14 are not in consonance with Rule 7 of
the Transplantation of Human Organs and Tissues Rules. It is
pointed out that along with other documents, the petitioner had
also produced Ext.P13 Certificate of Altruism issued by the
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police after conducting due enquiry. That vital document is not
seen adverted to in Ext.P14 order. It is contended that the
financial disparity or failure of the donor to properly answer the
question posed by the Committee are not reason enough for
rejecting the application.
3. The Government Pleader submitted that as against
Ext.P14, the petitioner has to avail the statutory remedy of
appeal under Section 17 of the Transplantation of Human
Organs and Tissues Act, 1994.
4. As contended by the Government Pleader, the
petitioner has an effective remedy of appeal against Ext.P14. I
also find prima facie merit in the contentions raised by the
senior counsel.
The Writ Petition is hence disposed of, permitting the
petitioner to file an appeal against Ext.P14 as provided under
Section 17 of the Act and directing the 2nd respondent to take a
decision on the appeal within ten days of its filing. While
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taking the decision, the 2nd respondent shall advert to the
materials on record as well as the Certificate for Altruism and
pass a reasoned order, referring to the decisions rendered by
this Court on the point. To effectuate proper consideration of
the appeal, the petitioner shall produce a copy of this writ
petition along with certified copy of the judgment.
Sd/-
V.G.ARUN
JUDGE
msp
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WP(C) NO. 32478 OF 2024
APPENDIX OF WP(C) 32478/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DISCHARGE SUMMARY, DATED
04.05.2024 ISSUED BY THE 2ND RESPONDENT
HOSPITAL COVERING THE PRE TRANSPLANT WORKUP
DONE REGARDING THE LIVER TRANSPLANT FOR THE
PETITIONER
Exhibit P2 TRUE COPY OF THE IDENTIFICATION CERTIFICATE
OF DONOR AND RECIPIENT DATED 11.07.2024
ISSUED BY THE VILLAGE OFFICER, PARAVUR
Exhibit P3 A TRUE COPY OF THE FORM 3, FOR ORGAN DONATION
OTHER THAN NEAR RELATIVE LIVING DONOR DATED
01.07.2024, WHICH IS COMPLETED AND SUBMITTED
BY THE DONOR
Exhibit P4 A TRUE COPY OF THE FORM-4 DATED 06.08.2024
ISSUED BY THE REGISTERED MEDICAL
PRACTITIONER- 3RD RESPONDENT HOSPITAL FOR
CERTIFICATION OF MEDICAL FITNESS OF THE
LIVING DONOR
Exhibit P5 A TRUE COPY OF THE LIVING DONOR EVALUATION
REPORT DATED 19.06.2024 ISSUED BY THE 3RD
RESPONDENT HOSPITAL CLEARING THE DONOR FOR
SURGERY FROM 8 DIFFERENT DEPARTMENTS
Exhibit P6 A TRUE COPY OF THE ORGAN TRANSPLANTATION
APPROVAL COMMITTEE REQUEST AND REPORT DATED
06.08.2024 ISSUED BY THE CHAIRMAN, LOCAL
APPROVAL COMMITTEE OF HUMAN ORGAN
TRANSPLANTION OF 3RD RESPONDENT HOSPITAL TO
THE 4TH RESPONDENT CLEARING THE DONOR AND THE
RECIPIENT, FOR SURGERY
Exhibit P7 A TRUE COPY OF THE FORM 11 DATED 01.07.2024
WAS SUBMITTED BY THE PETITIONER-RECIPIENT AND
THE DONOR, BEFORE THE RESPONDENT NO. 4,
AUTHORIZATION COMMITTEE
Exhibit P8 A TRUE COPY OF THE NOTARIZED MUTUAL AFFIDAVIT
FROM THE DONOR AND PETITIONER DATED
01.07.2024 WAS SUBMITTED BY THE PETITIONER-
RECIPIENT AND THE DONOR, BEFORE THE
RESPONDENT NO. 4, AUTHORIZATION COMMITTEE
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WP(C) NO. 32478 OF 2024
Exhibit P9 A TRUE COPY OF THE NOTARIZED AFFIDAVIT OF THE
DONOR CONSENTING TO THE TRANSPLANTATION DATED
01.07.2024 WAS SUBMITTED BY THE DONOR, BEFORE
THE RESPONDENT NO. 4, AUTHORIZATION COMMITTEE
Exhibit P10 A TRUE COPY OF THE NOTARIZED AFFIDAVIT OF THE
HUSBAND OF THE DONOR DATED 01.07.2024
CONSENTING TO THE TRANSPLANTATION WAS
SUBMITTED BY THE DONOR, BEFORE THE RESPONDENT
NO. 4, AUTHORIZATION COMMITTEE
Exhibit P11 A TRUE COPY OF THE NOTARIZED AFFIDAVIT OF THE
SISTER OF THE DONOR DATED 01.07.2024
CONSENTING TO THE TRANSPLANTATION WAS
SUBMITTED BY THE DONOR, BEFORE THE RESPONDENT
NO. 4, AUTHORIZATION COMMITTEE
Exhibit P12 A TRUE COPY OF THE NOTARIZED AFFIDAVIT OF THE
PETITIONER DATED 01.07.2024 CONSENTING TO THE
TRANSPLANTATION WAS SUBMITTED BY THE
PETITIONER-RECIPIENT, BEFORE THE RESPONDENT
NO. 4, AUTHORIZATION COMMITTEE
Exhibit P13 A TRUE COPY OF THE ALTRUISM CERTIFICATE DATED
11.07.2024 ISSUED BY THE ASSISTANT
COMMISSIONER OF POLICE CHATHANNOOR, BEFORE
THE RESPONDENT NO. 4, AUTHORIZATION COMMITTEE
Exhibit P14 A TRUE COPY OF THE ORDER DECLINING THE LIVER
TRANSPLANTATION SURGERY, DATED 09.08.2024
ISSUED BY THE RESPONDENT NO. 4, AUTHORIZATION
COMMITTEE
Exhibit P15 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED
BY SURGEON AT THE RESPONDENT NO. 3 HOSPITAL
DATED 09.09.2024, CITING THE EMERGENCY OF THE
LIVER TRANSPLANTATION FOR THE PETITIONER
RECIPIENT
Exhibit P16 A TRUE COPY OF THE ADMISSION RECORD ISSUED BY
MARIAN MEDICAL CENTRE PALAI DATED 10.09.2024,
DOCUMENTING THE PETITIONER-RECIPIENT'S
INFECTION AND CURRENT MEDICAL CONDITION
