Processing of transplantation applications can proceed without the altruism certificate until the Authorization Committee decides whether it is required.

JUDGMENT

The grievance of the petitioner in this Writ Petition is that for the want of an alturism certificate that is issued by the 3rd respondent, the processing of the application preferred under the Organ Transplantation Act is in limbo. The learned counsel for the petitioner brings to my notice, the judgment of this Court in WP(C) No.42658/2025, wherein this Court has considered the very same issue and had held that processing of the application by the 1^st respondent can be carried out even in the absence of a certificate of alturism. I find that the facts and circumstances of the case at hand tallies with those in WP(C) No.42658/2025.

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

(a) The petitioner and Sri.Muhammed are 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, along with all necessary documents, except ‘Certificate of Altruism’, to the 1st respondent – District Level Authorization Committee for Transplantation of Human Organs (DLAC); and this shall be done within a period of one week from the date of receipt of a copy of this judgment.

(c) On the afore application reaching the 1st respondent -

DLAC, its competent Authority will notify the petitioner and Sri.Muhammed and inform whether they have to obtain a ‘Certificate of Altruism’ from the concerned Police Authority. (d) If the DLAC is to find that no such Certificate is required in this case, they will complete the processes, leading to necessary permissions to be granted to the petitioners, within a period of one month thereafter.

(e) However, if, on the contrary, the DLAC is to find that ‘Certificate of Altruism’ is required to be obtained by the petitioner and Sri.Muhammed, they will intimate them of such within a period of two weeks from the date on which they receive application from the 2^nd respondent; upon which, they will be required to obtain the same and produce it before the said Authority, as per law.

(f) On the afore being done, the DLAC will take a final decision on their request, within a period of one month from the date on which such Certificate is produced.

(g) Needless to say, if the 1st respondent calls upon the petitioner and Sri.Muhammed to obtain a ‘Certificate of Altruism’, the 3^rd respondent – Deputy Superintendent of Police, or such other competent Authority, will act upon the application and will in accordance with law issue necessary certificate without any avoidable delay, but not later than two weeks from the date on which it is received by them, after making all necessary enquiries.

The writ petition is disposed of, accordingly.