Renal transplantation authorization should not be delayed due to procedural lapses, especially where urgent health needs are at stake, and the estranged spouse's no objection certificate is not necessarily required.

ORDER :

1. This writ petition is filed seeking for a direction to consider the petitioner's representation dated 09.12.2024 seeking for grant of approval for kidney transplantation from the 2^nd petitioner to the 1^st petitioner without insisting no objection certificate from the 3^rd respondent.

2. Private notice to the third respondent effected, proof filed on02.01.2025 and the name of 3^rd respondent is printed in cause list. By consent of other parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The first petitioner is the cousin of the second petitioner, who is suffering from end level kidney failure, who is undergoing dialysis twice a week. The Doctor, who is treating the first petitioner has recommended surgical extraction and transplantation of the kidney for the first petitioner to survive. The first petitioner is 40 years old and he has two children. The second petitioner has voluntarily come forward to donate one of his kidneys to the first petitioner, following which, the physician concerned confirmed that the second petitioner's blood would be matched with the blood group that of the first petitioner. Subsequently, the petitioners approached the second respondent to perform the kidney transplantation. Since the second petitioner is not a near relative as defined under Section 2 (i) of the Transplantation of Human Organs and Tissues Act, 1994, the second petitioner has submitted a supporting affidavit to that effect before the second respondent and the petitioners have submitted all the relevant documents as required by the second respondent. However, the second respondent, without forwarding the same to the first respondent, required the petitioners to get no objection certificate from the estranged wife of the second petitioner.

4. The third respondent is the second petitioner's estranged wife and they have separated for more than five years and a divorce petition in OP No.803 of 2024 is pending before the Subordinate Judge, Ambasamudram. Since the first petitioner is urgently in need of renal transplantation, the second petitioner is unable to get no objection certificate from his wife. Further, both the parents of the second petitioner also died on 24.10.2008 and 04.05.2021. The second petitioner, through his estranged wife, has two children, ie., a boy and a girl. In the absence of no objection certificate from the third respondent, the second respondent is reluctant to forward the petitioner's request for organ donation to the first respondent. Hence, the petitioners made a representation on 09.12.2024 to the second respondent to forward the application submitted by them to the first respondent for getting authorisation for renal transplantation. Since the same is not considered, this writ petition came to be filed.

5. The learned counsel appearing for the petitioners submitted that all the formalities required for effecting renal transplantation and all the documents required by the second respondent except no objection certificate of the third respondent have already been submitted by the petitioners duly before the second respondent. Even thereafter, in the absence of the third respondent's no objection certificate, the second respondent, despite the critical health condition of the first petitioner, is hesitant in forwarding the petitioner's application to the first respondent so as to facilitate authorisation for renal transplantation by the first respondent. Any further delay in the said exercise would result in loosing the first petitioner and hence, he pressed for allowing the writ petition citing the nature of the urgency involved in this writ petition.

6. The learned Government Advocate appearing for the official respondents submitted that no objection from the third respondent is a mandatory requirement for issuance of authorisation of renal transplantation.

7. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

8.