Kerala High Court: A kidney patient undergoing treatment at Medical Trust Hospital, Ernakulam, and the proposed donor approached the High Court after the District Level Authorisation Committee rejected their application seeking permission for kidney donation, and their subsequent appeal was also dismissed. A Single Judge Bench of Harisankar V. Menon, J., set aside the rejection orders and directed the competent authority to reconsider the application in accordance with the Transplantation of Human Organs and Tissues Act, 1994 and the applicable Rules.
The Court observed that the principal reason for rejection was that the wife of the proposed donor had donated a kidney to another person several years earlier. The Court held that this, by itself, could not constitute a valid ground for rejecting the present application, particularly since Rule 7(3), Transplantation of Human Organs and Tissues Rules, 2014 does not mandate rejection in such circumstances.
The Court further noted that although allegations regarding the proposed donor’s criminal antecedents and alcohol consumption had been raised, the statutory framework contemplated rejection on the relevant ground of addiction to drugs. The Court found that the consideration undertaken by the authorities was not in conformity with the governing statutory provisions.
Relying on its earlier decisions in Shereef M. v. State of Kerala, 2025 KHC OnLine 11974 and Uvais Muhammad K.C. v. State of Kerala, 2025 SCC OnLine Ker 86, the Court set aside the impugned orders and directed the District Level Authorisation Committee to reconsider the application afresh. The Court also directed that the petitioners be given an opportunity of being heard and that fresh orders be issued within 10 days.
[Fousiya v. State of Kerala, 2026 SCC OnLine Ker 13198, decided on 19-8-2026]
Advocates who appeared in this case:
For the Petitioners: C.M. Mohammed Iquabal, Nashwa P. K., Anupama R. Nair, Thasneem A. P., Istinaf Abdullah, P. Abdul Nishad
For the Respondents: Ajit Joy, Standing Counsel, Pooja Surendran, Government Pleader
For the Respondents: Ajit Joy, Standing Counsel, Pooja Surendran, Government Pleader
