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MOUSHUMI BHATTACHARYA
Dilip Kumar Pahari – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
MOUSHUMI BHATTACHARYA, J.
1. The petitioner is a renowned nephrologist with several achievements to his credit. The petitioner is aggrieved by a communication of the Directorate of Health Services (DHS), Government of West Bengal to the Director of the Ohio Hospital and Medical Centre, Kolkata dated 14th January, 2022, by which the registration of the Hospital for organ transplantation was kept in abeyance on several grounds including that of the petitioner’s name being included in the transplant team of the Hospital. The ground given was that certain litigations are pending against the petitioner on the issue of renal transplantation.
2. The petitioner seeks cancellation of this decision and protection from the Court in relation to the petitioner’s association with any Hospital for the purpose of carrying out kidney transplantation.
3. Learned counsel appearing on behalf of the petitioner relies on The Transplantation of Human Organs and Tissues Act, 1994 (TOHO Act) and submits that the role of medical practitioners is regulated under the said Act including the responsibilities and obligations of clinical establishments where transplantation of human organs is carried out.
The absence of actual organ transplantation is essential to establish guilt under the Transplantation of Human Organs and Tissues Act; mere allegations without prima facie evidence cannot sustain cri....
The Authorisation Committee must provide reasoned decisions in organ transplantation cases, ensuring transparency and adherence to natural justice principles, especially when the decision affects the....
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