PRADEEP KANT, J. - (1.) HEARD Sri Akhilesh Kalra, learned counsel for the petitioner and Sri Alok Mathur for the Fortis Hospital, Sri Jai Deep Narain Mathur for the Sanjay Gandi Post Graduate Institute of Medical Sciences, and Sri D.K. Upadhaya, learned Chief Standing Standing Counsel for the State,
(2.) THE petitioner, Smt. Vandana Dixit, a patient of renal failure since the year 2004, has approached this Court seeking a direction to the respondent State authorities to ensure that Sanjay Gandhi Post Graduate Institute of Medical Sciences (hereinafter referred to as 'the SGPGI' ) or Fortis Hospital, Noida, U.P. be directed to undertake the renal transplantation in view of authorization given by the Authorization Committee, whereas the SGPGI and the Fortis Hospital are shifting their responsibility and are avoiding transplantation. The grievance in nut-shell is that despite authorization given by the State Level Committee as required under the Transplantation of Human Organs Act, 1994 (hereinafter referred to as 'the Act, 1994) none of the aforesaid two hospitals are proceeding with the treatment/operation, which they cannot do. Further, delay in undertaking the transplant, is adversely affecting her condition, which is deteriorating every passing moment.
(3.) THE petitioner, Smt. Vandana Dixit aged about 47 years, is a housewife. Besides her husband, she has one daughter aged about 12 years and one son aged about 21 years. She suffered renal failure in the year 2004. She was admitted to SGPGI, Lucknow, as a patient in the Nephrology Department and was advised dialysis and renal transplant.;