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2012 Supreme(Del) 1421

VIPIN SANGHI
PARVEEN BEGUM – Appellant
Versus
APPELLATE AUTHORITY – Respondent


Advocates Appeared:
Mr. Vikas Pahwa, Senior Advocate with Mr. B. Badrinath, Advocate.
Mr. Sumeet Pushkarna, Advocate for the respondent No. 1/UOI.
Mr. Subhash Kumar, Advocate for the respondent No. 2.
Mr. Najmi Waziri, Standing Counsel with Mr. Vikrant Pachnanda, Advocate for the respondent No. 3.

JUDGMENT :

VIPIN SANGHI, J.

1. The petitioners have preferred the present writ petition to seek a writ of certiorari thereby quashing the order of rejection of the petitioners’ appeal passed by the Appellate Authority on 24.04.2012. The petitioners also seek a writ of mandamus directing the respondents to accord approval to the petitioners for effecting transplant of kidney from petitioner No. 2 to petitioner No. 1.

2. The respondents in the present writ petition are the Appellate Authority, namely the Director General of Health Services constituted under Section 17 of the Transplantation of Human Organ & Tissues Act, 1994 (the Act), the Authorisation Committee for Human Organ Transplant, Sir Ganga Ram Hospital, constituted under Rule 6A 2(ii) of the Transplantation of Human Organs Rules, 1995 (the Rules) and the Government of National Capital Territory of Delhi.

3. The case of the petitioners is that petitioner No. 1 is a home maker aged about 58 years and is a permanent resident of Darya Ganj, Delhi. Petitioner No. 2 is also a home maker aged about 38 years and a permanent resident of Meerut, U.P. It is claimed that petitioner No.2 is related to petitioner No. 1, being the grand-






























































































































































































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