- (1.) THE son-in-law of the petitioner, by name, sanjay Agarwal, is suffering from malfunctioning of kidneys. The medical advice tendered to him, required replacement of one of his kidneys. The petitioner expressed her willingness to donate one of her kidneys, to her son-in-law. She approached the A. P. State Authorization committee for Organ Transplantation, constituted under sub-section (5) of section 9 of the Transplantation of Human organs Act, 1994 (for short 'the Act) for necessary permission. The Committee, under the chairmanship of the 1st respondent, examined the petitioner and addressed letter dated 21-02-2009 to the 2nd respondent. The committee expressed the view that it can examine the persons, only when the kidney transplantation takes place in the State of andhra Pradesh, and since the proposed operation is to be conducted at a research center, at Ahmedabad, necessary steps have to be taken by the Committee, functioning in that State. It also took note of the fact that the son-in-law of the petitioner is residing in Chattisgarh.
(2.) THE petitioner feels aggrieved by the letter dated 21-02-2009. It is urged that the transplantation of Human Organs Rules, 1995 (for short 'the Rules'), framed under the Act, provide for certification or clearance by the Authorisation Committees of the respective States, in which the donor/donee resides, as well as the State, in which the surgery for transplantation takes place.
(3.) HEARD Sri Ms. Megha Rani Agarwal, learned counsel for the petitioner, and learned government Pleader for Medical and Health.;