Judgment

Arijit Pasayat, J.—In this petition under Article 32 of the Constitution of India, 1950 (in short the ‘Constitution’) some questions of seminal importance have been raised. Factual position as indicated by the petitioners needs to be noted in a nutshell as the issues are pristinely legal.

2. Petitioner No.1 is undergoing treatment at Devaki Hospital Ltd. at Chennai for renal disorder. The hospital in question is duly approved by the authorities under the Transplantation of Human Organs Act, 1994 (in short the ‘Act’) read with Transplantation of Human Organs Rules, 1995 (in short the ‘Rules’) and is permitted to undertake Kidney transplantation. Doctors treating petitioner No.1 were of the view that both the kidneys of petitioner No.1 have failed to function. Petitioner No.2 wanted to donate one kidney to petitioner No.1 to save his life. The gesture was actuated by love and affection and there is no other consideration involved.

3. An application was made under the Act before respondent No.2- the Director of Medical Education, Govt. of Tamil Nadu, Chennai for issuance of ‘No Objection Certificate’ (in short the ‘NOC’). The respondent No.2 by letter dated 10.3.2005 indicated t