The court emphasized the need for a reasoned order when rejecting an application for organ transplantation, focusing on the requirement for proper evaluation of evidence.

J U D G M E N T

This Writ Petition is filed seeking a direction to quash Ext.P14 order passed by the third respondent, the District Level Authorisation Committee for transplantation of Human Organs, Alappuzha. The first petitioner is the patient and the second petitioner is the donor. Since the liver of the close relatives of the first petitioner is not suitable, the second petitioner informed her willingness to donate liver to the first petitioner. They have jointly filed Exts.P12 and P13 applications. The third respondent, after considering the applications, rejected the prayer for transplantation as per Ext.P14 order. Aggrieved by Ext.P14 order, the petitioners have approached this Court by filing the above writ petition.

2. Heard the learned counsel for the petitioners and the learned Government Pleader.

3. The learned counsel for the petitioners submits that there was no proper consideration of the application, while passing Ext.P14 order and sought for a remand of the matter. On a perusal of Ext.P14, it is seen that Ext.P14 is a cryptic order and the third respondent has not given any valid reason to reject the prayer for organ transplantation. The third respondent has not found that any commercial transaction is involved in this case. The conclusions arrived at by the third respondent is as follows:

1. The District level Authorization Committee is not convinced about the altruism between donor and recipient.

2. The authorized signatory Smt.Smitha could not mention the date joining and relieving of Mr.Vimesh, the donor’s husband, as the driver of their household.

3. She could not even remember the names of the children of the donor even though she claimed that they were good friends.

Without proper evaluation or valid reasons, the application is rejected. Considering the condition of the first petitioner, I find that one more opportunity can be given to the petitioners to adduce proper evidence before the authority concerned.

4. Accordingly, Ext.P14 order is set aside. The third respondent is directed to reconsider the applications filed by the petitioners afresh and pass a reasoned and detailed order after affording opportunity to the petitioners to adduce evidence or produce documents. This shall be done within a period of one month from the date of receipt of a certified copy of this judgment.

Accordingly, the Writ Petition is disposed of.

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