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2023 Supreme(Ker) 652

DEVAN RAMACHANDRAN
Soubiya, W/o. Safeer – Appellant
Versus
District Level Authorization Committee For Transplantation Of Human Organs – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV C.M.MOHAMMED IQUABAL
For the Respondent: SRI. R.S.KALKURA, SRI. SUNIL K.KURIAKOSE - GP

JUDGMENT :

The first petitioners in these two Writ Petitions are patients waiting for kidney transplantation – who are now stated to be surviving on dialysis and other life support mechanisms. They say that, even though they have placed their request for the afore – identifying the 2nd petitioners to be their respective donors, the 2nd respondent – Hospital is refusing to forward the same to the 1st respondent – District Level Authorisation Committee (DLAC), solely for the reason that a Police Clearance Certificate (‘PCC’) has not been obtained by them.

2. The petitioners assert that, consequent to the coming into force of Transplantation of Human Organs and Tissues Rules, 2014 (herein after referred to as ‘Rules 2014’), 'PCC' is unnecessary to be obtained; and therefore, that the 2nd respondent must be directed to forward their applications, along with other relevant documents, to the 1st respondent, so that the said Authority can take a final decision urgently. They plead that this be done quickly, because they are awaiting organ transplantation for the last several months and are in great distress now.

3. Sri.Sunil Kumar Kuriakose – learned Government Pleader, pertinently, also aff

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