JUDGMENT :

G.S. Patel J.

1. Rule. By consent, Rule returnable forthwith and the Petition is taken up for hearing and final disposal. The 3rd Respondent is served. She is not present. An Affidavit of Service is to be filed in the Registry by Tuesday, 2nd May 2023.

2. This is a case of an organ donation being opposed by the estranged spouse of the donor. The two Petitioners are brothers-in-law. Prasanna, the 1st Petitioner is the proposed organ recipient. His proposed donor is the 2nd Petitioner, Dinesh. The 3rd Respondent, Shreya is Dinesh’s estranged spouse.

3. Prasanna is a senior citizen. He suffers from end-stage renal disease. The kidney issue was first diagnosed in 2018. The 2nd Respondent is the Regional Authorisation Committee for approval of organ transplants through the Medical Superintendent of the BJ Government Medical College and Sassoon Dental Hospital, Pune.

4. There is a governing statute for cases like these and this is the Transplantation of Human Organs and Tissues Act, 1994 (“the Act”). The Petition assails an appellate order of 15th March 2023 upholding an order of 24th February 2023 passed by the 2nd Respondent declining to approve the proposed kidney donation by Dinesh to Prasanna.

5. These are the prayers in the Petition:

“(a) That this Hon’ble Court be pleased to issue a writ of certiorari or any other Writ or Order in the nature of Certiorari and call for the record and proceedings of Appeal No. 1 of 2023 filed by the Petitioners before Respondent No.1 and after examining the legality, validity and propriety thereof, be pleased to quash and set aside the impugned Judgment and Order dated 15.03.2023 (Exhibit “R” to the Petition) passed by the Respondent No.1 in Appeal No.1 of 2023.

(b) That this Hon’ble Court be pleased to allow Appeal No. 01 of 2023 filed by the Petitioner No.1 before the Respondent No.1;

(c) That this Hon’ble Court be pleased to issue a writ of certiorari or any other Writ or Order in the nature of Certiorari and call for the record and proceedings of the joint application filed by the Petitioners before Respondent No.2 and after examining the legality, validity and propriety thereof, be pleased to quash and set aside the impugned Judgment and Order dated 24.02.2023 (Exhibit “O” to the Petition) passed by the Respondent No.2 in Application bearing Reference No. SGH/Org Trans/110-1/2023.

(d) That this Hon’ble Court be pleased to allow joint Application bearing Reference No. SGH/Org Trans/110-1/2023 under Form No. 11 (Exhibit “I” to the Petition) filed by the Petitioners before Respondent No.2;

(e) That this Hon’ble Court be pleased to issue of Writ of Mandamus or a Writ, order or direction in the nature of Mandamus thereby directing the Respondent No. 1 to recall the Order dated 15.03.2023 (Exhibit “R” to the Petition) passed by the Respondent No.1 in Appeal No. 1 of 2023;

(f) That this Hon’ble Court be pleased to issue a Writ of Mandamus or a Writ, order or direction in the nature of Mandamus thereby directing the Respondent No. 1 to recall the impugned Judgment and Order dated 24.02.2023 (Exhibit “O” to the Petition) passed by the Respondent No.2 in Application bearing Reference No.SGH/Org Trans/110-1/2023.

(g) That this Hon’ble Court be pleased to issue a Writ of Mandamus or a Writ, order or direction in the nature of Mandamus thereby directing the Respondent Nos. 1 and 2 to permit the Petitioners to proceed with the transplantation of the kidney from Petitioner No.2 Donor to Petitioner No.1 Recipient.”

6. Prasanna’s condition was first diagnosed in 2018 and then deteriorated by May 2021. The Petition says that Prasanna’s own spouse and children were not found to be suitable donors; their blood groups did not match. Prasanna has one sibling, but she is 73 years old and not in good health. An organ donation by her was not medically advisable. Prasanna’s spouse is Dinesh’s sister. Dinesh voluntarily wishes to donate his kidney to Prasanna. We have asked Dinesh to come to Court and he is present be