KULDEEP SINGH AND ANR. versus STATE OF TAMIL NADU AND ORS .

KULDEEP SINGH AND ANR. versus STATE OF TAMIL NADU AND ORS .

The Authorisation Committee of the State to which both the donor and recipient belong is the competent authority to issue the No-Objection Certificate, as it is best placed to ascertain whether the donation is for reasons of affection, attachment, or other non-commercial considerations.

Parties
Petitioner: Kuldeep Singh; Petitioner: Petitioner No. 2; Respondent: State of Tamil Nadu; Respondent: State of Punjab; Respondent: Director of Medical Education, Tamil Nadu; Respondent: Director, Research and Medical Education, Punjab
Jurisdiction
India
Judgment Date
31 March 2005
Procedural Posture
Writ Petition (civil) No. 156 of 2005 / Final Disposition
Outcome
Writ Petition disposed of
Legal Topics
Transplantation of Human Organs, No Objection Certificate (noc), Competent Authority, Commercial Dealings Prevention
Health Law Administrative Law Constitutional Law Transplantation of Human Organs No Objection Certificate (noc) Competent Authority Commercial Dealings Prevention

Case Brief

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Parties

Kuldeep Singh

Petitioner

Petitioner No. 2

Petitioner

State of Tamil Nadu

Respondent

State of Punjab

Respondent

Director of Medical Education, Tamil Nadu

Respondent

Director, Research and Medical Education, Punjab

Respondent

Procedural Posture

Writ Petition (civil) No. 156 of 2005 / Final Disposition

Legal Issues

  1. 1 Which State Authorisation Committee is competent to issue No-Objection Certificate for transplantation when donor and recipient are not near relatives and belong to different States?
  2. 2 On what basis must an Authorisation Committee satisfy itself that organ removal is not for commercial consideration?

Ratio Decidendi

The Authorisation Committee of the State to which both the donor and recipient belong is the competent authority to issue the No-Objection Certificate, as it is best placed to ascertain whether the donation is for reasons of affection, attachment, or other non-commercial considerations.

Court Disposition

Writ Petition disposed of

Orders

  • The Authorisation Committee of Punjab directed to examine the petitioners’ application, once financial details are supplied.
  • If approval is granted, it should be sent to the Authorisation Committee of Tamil Nadu for therapeutic assessment.