2018 Supreme(AP) 314
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
A. RAJASHEKER REDDY, J.
Ratnakar Peddada And Antoher – Petitioners
Vs.
State of Telangana – Respondent
W.P. No. 20452 of 2018
Decided On : 22-06-2018
For the Petitioners: Sri. M. Jagannatha Sarma
Headnote:
Transplantation of Human Organs and Tissues Act, 1994 –Sections 9(3),9(1) – Kidney Transplant – Records –Writ petition is filed for a writ of Certiorari or for any other appropriate writ, direction or order under Article 226 of the Constitution of India, calling for the records and to quash impugned proceedings of the 2nd and 3rd respondents bearing letter and order respectively and consequently direct respondents 2 and 3 to immediately grant approval for kidney transplant from petitioner No.2 to petitioner No.1 in an expedited and time bound manner –Held, Court is inclined to require the Authorization Committee to forthwith grant its approval to the case of the petitioners for donation of one kidney by petitioner No.2 to petitioner No.1 in terms of their application – Formal approval should be granted within two days, failing which it shall be deemed that the said formal approval stands granted – Respondent is directed to forthwith grant approval for the kidney transplant from petitioner No.2 to petitioner No.1 – Order Accordingly (Paras 25, 26)
1. This writ petition is filed for a writ of Certiorari or for any other appropriate writ, direction or order under Article 226 of the Constitution of India, calling for the records and to quash the impugned proceedings of the 2nd and 3rd respondents bearing letter No.3910/D1/2018 dated 14.05.2018, and the order bearing Rc.No.49765/MAK/2017 dated 12.02.2017 respectively and consequently direct the respondents 2 and 3 to immediately grant approval for the kidney transplant from petitioner No.2 to petitioner No.1 in an expedited and time bound manner.
2. The case of the petitioners, as per the averments made in the affidavit filed in support of the writ petition is that, the 1st petitioner is a graduate in pharmacy and currently self-employed and is unmarried, due to his health condition. He is diagnosed with Tuberous Sclerosis, a chronic kidney disease. As he suffered heavy internal bleeding (Peritoneal Haemorrhage) in his right kidney in the year 2007, he underwent a surgery to remove his right kidney. The function of his left kidney got affected in November, 2016 and since then, he has been undergoing dialysis thrice a week at Asian Institute of Nephrology and Urology, Hyderabad and the doctors, who have been treating him regularly for the past twenty months, have strongly recommended surgical extraction and removal of his left kidney and transplantation of a new kidney in its place. In the affidavit, petitioner No.1 stated in detail, the side effects because of prolonged dialysis since November, 2016.
3. It is further stated that the 1st petitioner is unable to carry on his profession, as he has to undergo dialysis thrice a week on every Monday, Wednesday and Friday with the consequent side effects of sheer exhaustion and fatigue and that the dialysis process since November, 2016, has taken a toll in all aspects, physically, mentally and financially.
4. The mother of the 1st petitioner died in the year 2012 and his grandfather died in the year 2017. During the life time of his mother, she employed the 2nd petitioner as driver-cum-family assistant, in the year 2007, and since then, he has been performing all the works entrusted to him and used to call the mother of the 1st petitioner as Amma (mother). The 2nd petitioner also developed a close bond with his late grandfather during his visits to Hyderabad from Puttaparthi and used to help and accompany him while he was at Hyderabad. The 2nd petitioner was also taking the 1st petitioner to dialysis procedure since November, 2016 and he has been constantly with the 1st petitioner and in some instances, has even carried him across in the hospitals on a wheel chair, when he was weak after the procedure or due to drop in hemoglobin levels.
5. The father of the petitioner No.1 died in the year 1986 due to kidney ailment and the younger married sister of the 1st petitioner is also suffering from chronic kidney disease stage-III (CKD III), and, therefore, unable to donate her kidney. Because of his health issues, the petitioner No.1 remained unmarried and, therefore, he has no spouse or children who can donate a kidney to him. In these circumstances, he has no other recourse, but to obtain a kidney from a donor, who is not his near relative, but who is close to him and his family, for the last ten years.
6. In the above back ground, the 2nd petitioner, who is having long standing association of over ten years with the petitioner and his family members, has come forward purely on account of love and affection to donate his kidney to the petitioner and not on account of any monetary consideration.
7. Petitioner No.1 is taking treatment at Asian Institute of Nephrology and Urology (AINU), Erramanzil, Hyderabad by Dr. C.Mallikarjuna Rao, Urologist. On 11.11.2017, Dr. M.V. Rao, Nephrologist and Dry. Syed Mohd. Ghouse, Urologist, working in the said institute, interviewed the petitioner Nos.1 and 2 and the wife of the 2nd petitioner, for the purpose of sending a video of interview to the 3