NINGOM Digitally signed by NINGOMBAM BAM VICTORIA Date: 2026.01.22 Item No. 69 VICTORIA IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 851 of 2025 Nongthombam Ongbi Samita Devi.

…Petitioner - Versus -

State of Manipur & 2 Ors.

…Respondents B E F O R E HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

ORDER

21-01-2026 [1] Heard Mr. Ng. Jotindra Luwang, learned counsel for the petitioner; Mr. Th. Sukumar, learned Government Advocate for State respondent Nos. 1 & 2; and Mr. Ch. Anthony, learned counsel for respondent No. 3 (Shija Hospitals & Research Institute Pvt. Ltd., Langol).

[2] The petitioner approached this Court by way of present writ petition against the decision of the State Medical Board vide letter dated 27- 08-2025 sent by the Director of Health Services, Manipur to the Chairman cum Managing Director, Shija Hospitals & Research Institute Pvt. Ltd., Langol, Imphal West about objection regarding issuance of No Objection Certificate (NOC) for kidney transplantation in respect of Mrs. Maibam Janeshwori Chanu (Recipient) and Mrs. Nongthombam Ongbi Samita Devi (Donor). The main ground is that in the impugned letter, no reason was given for rejection for the request of organ transplant. The very fact of the case is that the petitioner, Mrs. Nongthombam Ongbi Samita Devi (Donor) and the patient, Mrs. Maibam Janeshwori Chanu (Recipient) are cousin as father of the patient and mother of the donor are brother and sister. It is stated that Mrs. Maibam Janeshwori Chanu is suffering Chronic Kidney Disease (CKD) for the past 9 years. Her creatinine level has reached a critical stage, necessitating Dialysis two times a week and she has been advised to undergo kidney transplantation at the earliest to protect her life. It is stated that her husband and her eldest son are unable to donate a kidney due to blood group incompatibility and the youngest son of the patient is ineligible as he is below 18 years of age. The petitioner being a cousin of the patient has voluntary expressed her willingness to donate one of her kidneys out of love and compassion without any force, coercion or undue influence from any quarter and in this regard, she has obtained consent from her family members particularly her husband and children, who have voluntarily authorized the petitioner to donate one of her kidneys to their cousin, Mrs. Maibam Janeshwori Chanu, purely out of love and affection and without any condition. In this respect, the petitioner’s cousin sister, Mrs. Maibam Janeshwori Chanu submitted a letter dated 17-01-2025 to the Managing Director, Shija Hospitals & Research Institute Pvt. Ltd., Langol, Imphal West requesting for grant of permission for kidney transplant process as her cousin sister, Mrs. Nongthombam Ongbi Samita Devi is willing to donate her kidney to her out of love and affection. Thereafter, vide letter dated 21-07-2025, the Chairman cum Managing Director of Shija Hospitals & Research Institute Pvt. Ltd, Langol submitted the details of the patient requiring kidney transplantation for NOC to the Chairman, State Medical Board, Directorate of Health Services, Lamphel, Manipur. Vide another letter dated 01-08-2025, respondent No. 3 also submitted additional documents requiring kidney transplantation including the affidavits of the patient, donor and their family members expressing no objection to the proposed kidney transplantation. It is stated that as per Section 9 of the Transplantation of Human Organs And Tissues Act, 1994, the petitioner and the patient being close relative, there is no impediment in donating one of the kidneys of the petitioner to the patient. However, by the impugned letter dated 27-08-2025, the Director of Health Services, Manipur informed the Chairman cum Managing Director, Shija Hospitals & Research Institute Pvt. Ltd., Langol, Imphal West about the rejection of issuance of No Objection Certificate for kidney transplantation.

[3] Mr. Ng. Jotindra Luwang, learned counsel for the petitioner, submits that no reason was