A 'Certificate of Altruism' is not a mandatory requirement for consideration of transplantation applications by the authorization committee.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TH THURSDAY, THE 27 DAY OF NOVEMBER 2025 / 6TH AGRAHAYANA, 1947 WP(C) NO. 44480 OF 2025 PETITIONER :-

SAJNA E.I., AGED 41 YEARS W/O.UMMER, KEEZHUVALI PARAMBIL, AZHIKODE JETTY P.O., KODUNGALLUR, THRISSUR DISTRICT, PIN - 680666 BY ADV SRI.C.M.MOHAMMED IQUABAL RESPONDENTS :-

1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM REPRESENTED BY ITS CHAIRMAN, GOVERNMENT MEDICAL COLLEGE, H.M.T. COLONY P.O., KALAMASSERY, KOCHI, ERNAKULAM, PIN - 683503

2 THE CONVENER LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, MEDICAL TRUST HOSPITAL LTD, ERNAKULAM DISTRICT, PIN - 682016

3 THE DEPUTY SUPERINTENDENT OF POLICE, KODUNGALLUR DY.S.P.OFFICE, KODUNGALLUR P.O., THRISSUR DISTRICT, PIN - 680664 SRI.SHAMEER P.M - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T The petitioner is the proposed donor of a patient undergoing treatment for kidney related problems at the Medical Trust Hospital, Ernakulam. The petitioner has approached this Court seeking the following reliefs:-

“a. Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Exts.P10 and P11 applications within a time stipulated by this Hon'ble Court;

b. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to accept and forward Exts.P10 and P11 applications with documents to the 1^st respondent for consideration, without the certificate of the 3rd respondent.

c.Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3^rd respondent to forward the report regarding altruism of petitioners, in the event of request from 1^st respondent;”

2. When the petitioner came to know about the disease of her family friend Shaheena P, she expressed her readiness to donate her kidney. Thereafter Ext.P6 joint application and Ext.P7 consent letter was executed. Since the petitioner and the patient are not close relatives, they approached the second respondent with necessary application and documents except the altruism certificate, to refer the matter to the first respondent for getting approval. Since the third respondent has not issued the letter of altruism, the second respondent did not forward the same. Aggrieved by the same, the petitioner has approached this court with the above writ petition.

3. The question whether a Certificate of Altruism is mandatory to accept the applications along with its supporting documents to be considered by the concerned authorisation committee was considered by this court in Shoukathali Pullikuzhiyil and another v. the District Legal Authorization Committee and others [ 2017 (3) KHC 259 ] and it was held that verification through Police as a routine manner in all cases should be avoided and it is the Authorization Committee to take the decision.

4. In such circumstances, I am of the opinion that this writ petition can be disposed of with the following directions:

(a) The petitioner is hereby granted liberty to hand over all relevant documents to the 2^nd respondent – Convener of Local Committee of Organ Transplantation, without a 'Certificate of Altruism' and this shall be done within a period of two weeks from today.

(b) The 2^nd respondent – Convener of Local Committee of Organ Transplantation of the Hospital concerned, will forward the applications of the petitioner, along with all necessary documents, except ‘Certificate of Altruism’, to the 1st respondent – District Level Authorization Committee for Trans