PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 06.02.2026 made in K.Dis. No 003162/ H and DII / 4/ 2026 passed by the2nd Respondent, quash the same and consequently direct the respondents to permit human transplantation of an organ from the 2nd respondents to permit human transplantation of an organ form the 2nd petitioner to the 1st petitioner by considering their application in Form 11 dated 02.02.2026.

For Petitioner(s): Mr.N.Manoharan

For Respondent(s): Mr.P.Elayaraj Kumar

Counsel for Government Side (For R1 & R2)

ORDER

The present writ petition has been filed challenging the impugned proceedings dated 06.02.2026 whereby 2nd respondent had rejected the request for approval of kidney transplantation on the premise that statement made by the patient and the donor are contradictory.

2. Brief facts:

i) Petitioner is aged about 26 years and completed his under graduate degree in Political Science in Sunder Singh Mahavidyalaya College, Bihar. Petitioner was preparing for competitive examinations. Petitioner's father is working as Pump Operator in Eastern Coalfield Limited (ECL) and petitioner's mother is a Home-maker. It is stated that they belong to a middle-class family and petitioner’s father is the sole bread winner. Sometime in June 2025, petitioner had a sharp pain in his abdomen, fell short of breath and there was loss of weight.

ii) In view of inadequate medical facilities in his hometown, petitioner came to Chennai for treatment, and was diagnosed with chronic kidney disease Stage V. It is stated that petitioner underwent dialysis between 14.06.2025 to 18.06.2025 and was advised to do dialysis thrice a week at West Bengal. Thereafter, petitioner returned home and continued dialysis treatment in Shri Hospital, Kulti, West Bengal. He also underwent Ayurveda treatment at Jeena Sikho HIIMS, Kolkata, however illness continued to persist.

iii) Petitioner came to Chennai for treatment again on 22.01.2026. He was advised to undergo “renal transplantation” surgery at the earliest for him to survive.

3. Learned counsel for petitioner would submit that none of the persons falling within the meaning of “near relative” in terms of Section 2(i) of the Transplantation of Human Organs and Tissues Act, 1994, have cleared compatibility/matching test which is comprehensive including Blood Typing, Tissue Typing and Cross Match Test. Petitioner is presently stated to be undergoing dialysis twice a week in the 3rd respondent hospital. He would submit that a detailed pre-transplantation assessment was conducted to find out a suitable and willing donor. It was found that 2nd petitioner who is petitioner's paternal aunt was found to be a suitable donor. In this regard, he placed reliance on the certificate issued by the Circle Office, wherein it is stated that the petitioner (recipient) is the nephew of one Rubi Devi (donor). Petitioner and donor i.e, 2nd petitioner had undergone kinship test based on DNA analysis. The test report shows a 99% matching and shows there is genetic identity and likelihood of the claimed relationship viz., Nephew and Aunt. The relevant portions of the report is scanned and extracted below:

Based on the DNA analysis, the individuals Ravi Kumar and Rubi Devi sh