A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by P. Sankar & V. Sobana. The petitioners sought approval for their kidney transplantation from the Authorisation Committee (Transplantation) based on the medical records. The petition intended that the Court directs the hospital to forwards these reports on a priority basis. The matter was heard and decided upon by Justice Pushpa Sathyanarayana.
Facts of the Case
The first petitioner P. Sankar suffers from end-stage renal failure for which he had to undergo dialysis twice a week. The Doctors recommended a kidney transplant as a course of action for him. However, no relatives of his were in a position to donate a kidney.
The second petitioner, V. Sobana, is a family friend who voluntarily wanted to donate her kidney. The petitioners approached the K.G. Hospital where, after necessary tests, V. Sobana was declared fit to donate her kidney to P. Sankar for his transplant.
However, the hospital later rejected petitioners’ request as they are not related by blood. The Hospital maintained that according to their policy, they do not accept kidney donation of persons other than blood relatives except with the approval of the Authorization Committee (Transplantation).
Arguments Before the Court
The petitioners had sent their representation to the respondents, requesting the Hospital to forward the petitioners’ Medical Records. Further requesting, Authorization Committee (Transplantation) of their consideration and approval. The same was received by both the respondents, however, 10 days have passed and no order had been passed. The Writ of Mandamus was thus filed.
The counsel for the Hospital maintained that as certain verifications and formalities had to be followed there was a delay in sending the documents. The documents now being ready, would be sent to the Authorization Committee (Transplantation) at the earliest.
Court’s Observations
The Court observed that the petitioners can approach the Authorization Committee to make necessary applications and the Hospital should consider the representations of the petitioners.
Court’s Orders
The Court directed the Hospital to forward the concerned medical records to the Authorization Committee, both physically as well as through Email.
To view the original judgment, click here.
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