“Medicare Is A Huge Business”: Madras High Court Calls For Uniform Liberal Approach While Dealing With Applications For Approval Of Organ Donation

Calling Medicare a huge business, Justice GR Swaminathan noted that while the applications from some hospitals were easily accepted, the applications from some hospitals were rejected. The court added that it was necessary to comply with the principles of natural justice as the rights of the patients were at stake.

“If an adverse order is passed, an element of disqualification is attached to the donor. The rights of the patient are at stake. That is why, it is necessary to comply with the principles of natural justice. If any doubt crosses the minds of the members of the committee, the applicants must be put on notice and given an opportunity to explain,” the court said

The court was hearing a plea by J Rajkumar, against the order of the Authorisation Committee (Transplantation), Coimbatore Medical College & Research, rejecting approval for organ transplantation. The committee rejected the application on the grounds that the donor was not a near relative.

The court remarked that recently, through another order, the court had held that the applicants cannot be expected to prove that the donation was not out of love and affection and that the altruistic motive of the donor should not be doubted in the absence of definite material.

The court noted that the committee had approved all the applications submitted by some major hospitals. While some applications submitted by Government hospitals were also accepted, the court remarked that it was possible that the patients were referred by leading professionals or were well to do otherwise and the decision was taken to fast-track the processing of their application.

Citing examples of how bigger corporate hospitals way see that their applications are fast-tracked while those of other hospitals are not fast-tracked, the court called it a way in which capitalism worked and the way businessmen behaved.

In the present case, the court noted that the reason assigned for rejection was cryptic. The court also noted that the petitioner was not given a proper opportunity to explain the alleged contradiction in the application which was a gross violation of the principles of natural justice.

Thus, the court deemed it fit to set aside the order of the organization committee and directed it to reconsider the petitioner's case.

Counsel for the Petitioner: Mr.G.V.Sridharan

Counsel for the respondent: Mrs. M. Sneha, Special Counsel, Mr. K. Tippu Sulthan, Govt. Advocate, Mrs.R.L.Karthika, Govt. Advocate

Citation: 2024 LiveLaw (Mad) 230

Case Title: J Rajkumar v The Authorisation Committee (Transplantation)

Case No: W.P.No.13642 of 2024