Neha Chamail vs State of Uttarakhand and Others

SUDHANSHU DHULIA, J. (ORAL)

Petitioner before this Court is suffering from a kidney ailment and has been advised kidney transplant. The difficulty which the petitioner is facing

has been stated in the interim order dated 30.7.2018, the relevant paragraphs of which are as under:

“9. It is very unfortunate that there is not yet a proper functioning “Authorisation Committee†in the State of Uttarakhand, as contemplated

under the Act and the Rules framed thereunder. The State Counsel has apprised this Court that the term of many of the ex-officio or other members

of the Committee has come to an end.

According to the respondents, State Level Authorisation Committee was constituted in the year 2014 but as of now many of the seats are vacant

and presently only Director General, Medical Health and Director, Medical Health are functioning.

It is a very sorry state of affairs to say at least. Rule 13 clearly stipulates that efforts should be made by the State Government concerned to have

most of the members’ as ex-officio so that the need to change the composition of Committee is less frequent.

In view of the aforesaid provision given in Rule 13, there is no reason why seats of the Authorisation Committee should remain vacant.

Since the State Level Authorisation Committee can always be constituted under the Act and the Rules framed thereunder and considering the

medical condition of the petitioner, the Secretary, Medical Health, Government of Uttarakhand is hereby directed to constitute a proper Committee

and inform the Court within a period of forty-eight hours as this Court has been apprised by the State Counsel that in this regard names have already

been recommended.â€​

Pursuant to the directions of this Court, learned Deputy Advocate General Mr. K.N. Joshi informed this Court that the “State Level

Authorization Committee†has been constituted by the order dated 30.7.2018. Copy of the said order dated 30.7.2018 has been produced before this

Court and the same is made part of the record as Annexure “Aâ€​ to the writ petition.

The newly constituted “State Level Authorization Committee†consists of Principal Secretary/Secretary, Medical Health and Family Welfare

as its ex-officio Chairman and the Superintendent, Doon Medical College, Dehradun, Senior Surgeon, Doon Medical College Dehradun, Senior

Physician/Nephrologist, Doon Medical College, Dehradun and Director General, Directorate of Health Services, Uttarakhand as its ex-officio

Members. Dr. Suman Sethi, Chairman-I.M.A., Dehradun Branch and Dr. Ajay Khanna, Joint Secretary, I.M.A., Uttarakhand have also been

nominated to the said committee.

Considering the facts and circumstances of the case, an interim mandamus is issued to the “State Level Authorization Committee†to consider

the case of the petitioner, taking into consideration the relevant factors and the provisions contained under the Transplantation of Human Organs and

Tissues Act, 1994 and the Rules framed thereunder for such transplant. Let a decision be taken as expeditiously as possible preferably within a period

of one week.

List this matter on 14.8.2018 in the daily cause list.