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2014 Supreme(Guj) 747

BHASKAR BHATTACHARYA, J.B.PARDIWALA
KISHOR MADANGOPAL PAUL –ADVOCATE – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
PARTY-IN-PERSON, ADVOCATE for the Applicant(s) No. 1 MR PK JANI, GOVERNMENT PLEADER with MR PARTH BHATT, AGP for the Opponent(s) No. 1 MR IH SYED, ADVOCATE for the Opponent(s) No. 3 MR P.G.DESAI, SR.ADVOCATE with MR RUTUL P DESAI, ADVOCATE for the Opponent(s) No. 2

JUDGMENT :

J.B.PARDIWALA, J.

By this writ-application in the nature of a public interest litigation, the petitioner, a practicing advocate and a human rights' activist has brought to our notice that the respondent no.2, as a condition precedent, has been insisting that the patients who come for kidney transplant from outside the State of Gujarat must produce a passport and are refusing to accept other I.D. proofs viz. Voter ID Card, PAN Card, Marriage Card, School Leaving Certificate etc., as a result, those patients or donors who do not possess a valid passport are put to immense difficulty.

The case made out by the petitioner may be summed up thus:

The petition is being filed in the interest of people residing outside the State of Gujarat and who come to Gujarat for kidney transplant. They have to prove blood relations only by way of producing a passport. The hospitals are refusing to accept other ID proofs.

The petitioner came across a news item reported in “Rajasthan Patrika” dated 11th March 2014, and after reading the news published in the Patrika, decided to file this petition in public interest.

According to the petitioner, the insistence on the part of the hospitals for pass
























































































































































































































































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