P.C.:

1. This petition involves a peculiar issue arising under the Transplantation of Human Organs and Tissues Act, 1994 (for short, “1994 Act”). The concern of the petitioner is in regard to a pre-emptive kidney transplant. He is certified to be a patient of Chronic Kidney Disease (CKD) Stage-V, but not on dialysis. The petitioner asserts that being a patient of CKD stage-V, due to polycystic kidney disease, he would require a kidney transplantation from a cadaveric donor, as the petitioner was not having a suitable donor in his family. The petitioner accordingly intended a registration for cadaveric kidney transplantation. The grievance of the petitioner is that such application of the petitioner is not being registered.

2. The concerned authority which would register the petitioner for kidney transplant is respondent no.2-Zonal Transplant Coordination Centre at Pune. Respondent no.2, however, is not accepting the petitioner's registration for kidney transplant referring to the “Allocation Criteria for Deceased Donor Kidney Transplant Guidelines”, a copy of which is annexed to the petition (page 108A of the paper-book), which inter alia provides for recipient registration, listing