“C.R.”

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR &

THE HONOURABLE MR. JUSTICE S.MANU FRIDAY, THE 24^TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946 WA NO. 135 OF 2025 [AGAINST THE JUDGMENT DATED 19-12-2024 IN WP(C)

NO.43263/2024 OF HIGH COURT OF KERALA.]

APPELLANTS/PETITIONERS:

1 ISMAIL KUNJU M., AGED 48 YEARS, N.N. MANZIL, KUREEPUZHA, KAVANADU P.O, KOLLAM, PIN – 691003.

2 PRIYA P. S., AGED 51 YEARS, KARINATA (H), ALA KODUNGALLOOR, KOTHAPARAMBU P.O., THRISSUR, PIN – 680668.

BY ADVS. SRI. SHAJI THANKAPPAN, SRI. AJAY GOPAL, SRI. AMAL BABY, SRI. P.N.SUMODU, SRI. SUBIN K. SUDHEER.

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR RENAL TRANSPLANTATION, REPRESENTED BY ITS CHAIRMAN, THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY P.O., ERNAKULAM, KERALA, PIN – 683104.

3 ORGAN TRANSPLANTATION LOCAL LEVEL COMMITTEE, REPRESENTED BY ITS CHAIRMAN, MEDICAL DIRECTOR, VPS LAKESHORE HOSPITAL, MARADU, NETTOOR P.O., ERNAKULAM, KERALA., PIN – 682016

4 DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, 65GW+MF9, KODUNGALLUR, THRISSUR, KERALA., PIN – 680669.

BY SENIOR GOVERNMENT PLEADER SRI. V. TEKCHAND THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

24.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“C.R.”

J U D G M E N T Dated this the 24^th day of January 2025.

Nitin Jamdar, C. J.

Appellant No.1 is a renal patient undergoing dialysis for six years.

The Doctors treating Appellant No.1 advised him to undergo immediate renal transplantation as his health condition is deteriorating rapidly. A medical certificate has been issued to Appellant No.1 by one of the hospitals approved for kidney transplantation in the State of Kerala. Organ transplantation surgery is crucial for Appellant No.1 due to his kidney failure, which has reached end-stage renal disease. Appellant No.2 has volunteered to donate one of her kidneys to Appellant No. 1 for transplantation.

2. The regulation of removal, storage and transplantation of human organs and tissues for therapeutic purposes is governed under the Transplantation of Human Organs and Tissues Act, 1994 (Act of 1994). In exercise of the powers conferred by Section 24 of the Act of 1994 and in supersession of the Transplantation of Human Organs Rules, 1995, the Transplantation of Human Organs and Tissues Rules, 2014 (Rules of 2014) have been framed. Rules prescribe an application to be made in cases of living donor transplantation, which has to be examined by an Authorisation Committee to take decision for rejecting or approving the application. After the decision of the Authorisation Committee, an appeal is provided under the Rules of 2014.

3. Appellant No.1 filed application with notarised affidavits, and the consent of Appellant No.2, for kidney transplantation. According to the Appellants, Appellant No.2, who was working in the household of Appellant No.1, is concerned about the deteriorating health of Appellant No.1 and she is ready and willing to donate one of her kidneys to him. The Organ Transplantation Local Level Committee of Respondent No.3 Hospital referred the matter for approval to Respondent No.2 – the District Level Authorisation Committee for Renal Transplantation. The Authorisation Committee rejected the transplantation by Exhibit-P6 order dated 26 July 2024. The Appellants filed an appeal before Respondent No.1 – Secretary, Health and Family Welfare Department against Exhibit-P6 order, which was also rejected by Exhibit-P8 order dated 24 November 2024. Thereafter, the Appellants filed W.P.(C)

No.43263 of 2024.

4. The learned Single Judge referred to the statement filed by Respondent No.4 – Deputy Superintendent of Police, wherein it was stated that the organ donation was for financial interest. After referring to the case law, the learned Single Judge held