High CourtsSingle Bench(2020) 04 DEL CK 0023

Anshita Bansal vs Secretary Ministry Of Health And Family Welfare & Ors

Delhi High Court · Decided on 6 April 2020

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 6 Of 2020

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Judgment

27 paragraphs · 458 words

Sanjeev Sachdeva, J

1.

The hearing was conducted through video conferencing.

2.

Pursuant to the directions issued on 03.04.2020, a clarification has been received from the Medical Superintendent, Max Super Speciality Hospital,

Saket, New Delhi. The same has been forwarded by Mr. Naushad Ahmad Khan, Standing Counsel appearing for Govt. of NCT of Delhi and is taken

on record.

3.

It is pointed out in the clarification that in paragraphs 3 and 4 of order dated 03.04.2020contain certain typographical errors. In paragraph 3, word

‘Psychological’ has been mentioned as ‘Physiological’ and in paragraph 4 of the order word ‘Hepatology’ has been mentioned as

‘Haematology’.

4.

The same are typographical errors. Accordingly, the word ‘Physiological’ as mentioned in paragraph 3 of order dated 03.04.2020 shall be

read as ‘Psychological’ and the word ‘Haematology’ as mentioned in paragraph 4 of order dated 03.04.2020 shall be read as

‘Hepatology’.

5.

It has further been clarified that Dr. Kaushal Madan, Director (Hepatology and Gastroenterology) is an expert in Liver Transplant and Biliary

Sciences and currently hold the honorary position of Secretary General of Indian National Association for Study of Liver Diseases. His detailed

Resume has also been forwarded along with clarification.

6.

Learned counsel for the petitioner submits that in view of the opinion of the Medical Committee as well as the clarification issued, petitioner does

not wish to press the present petition. However, it is prayed that as mentioned in the opinion of the Medical Committee, since the ailment of the father

of the petitioner is at a very advanced stage, the case of the father of the petitioner be directed to be put on priority list of deceased donor liver

transplantation. Further, it is prayed that the National Organ & Tissue Transplant Organization be directed to evaluate the case of the father of the

petitioner and categorise the same as a Super Urgent Case as per their allocation criteria/policy.

7.

In view of the above, it is directed that the case of the father of the petitioner shall be put on the priority list of deceased donor liver transplantation.

Further, the National Organ & Tissue Transplant Organization is directed to evaluate the case of the father of the petitioner in terms of its policy and

if it satisfies the requisite criteria, classify the same as a Super Urgent Case.

8.

Petitioner shall forward the requisite documents to the National Organ & Tissue Transplant Organization for its evaluation.

9.

Petition is disposed of in the aforesaid terms.

10.

The order be uploaded on the website forthwith.

11.

Copy of the order be also forwarded to the counsels for both the parties through email and shall also be forwarded to the Director National Organ

& Tissue Transplant Organization,for compliance, at e-mail [email protected].