JUDGMENT 

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 that there was no illegality in Exhibit-P8 order dated 24 November 2024 warranting interference under Article 226 of the Constitution of India. The learned Single Judge dismissed the writ petition by judgment dated 19 December 2024. Being aggrieved, the Petitioners are before this Court by way of this appeal under Section 5 of the Kerala High Court Act, 1958.

5. We have heard Mr. Shaji Thankappan, learned counsel for the Appellants, and Mr. V. Tekchand, learned Senior Government Pleader.

6. The learned counsel for the Appellants submitted that the order dated 26 July 2024 (Exhibit-P6) passed by the Authorisation Committee is bereft of any reasons, and it only refers to the Report submitted by the Deputy Superintendent of Police, which was not given to the Appellants. The learned counsel further submitted that he had raised this grievance before the Appellate Authority and the learned Single Judge, and these orders, too, without giving any reasons, have dismissed the application of the Appellants.

7. We find merit in the contentions of the Appellants. The order passed by the Authorisation Committee is a printed format order issued under Rules 16 and 23 of the Rules of 2014, where the details of the recipient and donor are filled in by hand, and the only handwritten endorsement is as under:

“….that Dy. Supdt. of Police has certified that the willingness for donating the organ is for financial benefit as per Certificate No. 47/GL/KSD/LI dated ……….