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The captioned writ petitions are materially connected and are in relation to renal transplantation application pending before the 1st respondent Committee constituted for the purpose. Therefore, I propose to deliver a common judgment.

2. First petitioner in W.P.(C) No.6473 of 2017 is a kidney patient and is undergoing treatment at the Medical Trust Hospital, Ernakulam. It is found that both the kidneys of the 1st petitioner are not functioning properly and therefore, needs urgent transplantation. Presently 1st petitioner is undergoing dialysis thrice a week. Since the kidneys of the close relatives of the 1st petitioner are not suitable, 2nd petitioner has informed his readiness to donate his kidney to the 1st petitioner. Since they are not close relatives, approval of the 1st respondent is required. Thereupon, petitioners approached the 2nd respondent for getting approval from the 1st respondent. Accordingly, 2nd respondent issued Ext.P5 communication to secure a report from the Police Chief to know about the criminal antecedents of the donor. It is the contention of the petitioners that the said document is unnecessary as per the amended Rules. If the petitioners are required to collect such a certificate, it will take more time, which will adversely affect the health of the petitioners.

3. First petitioner in W.P.(C) No.6474 of 2017 is also a kidney patient undergoing treatment for kidney problem at the Westfort Hi-Tech Hospital, Thrissur. The said petitioner is also advised to transplant his kidney immediately, since he is also undergoing dialysis thrice a week. Therein also the kidneys of close relatives are not matching and therefore, the 2nd petitioner has informed her readiness to donate her kidney to the 1st petitioner. Therefore, the approval of the 1st respondent is required, and for the said purpose, when approached the 2nd respondent, Ext.P7 communication is issued to get a report from the District Police Chief in respect of the criminal antecedents of the donor.

(i) therein, which deals with evaluation done by the Authorization Committee in order to identify whether there is a commercial transaction between the recipient and the donor and whether any financial transaction is taking place. That apart, learned Government Pleader also relied on Clause (viii) and submitted that, in order to identify whether the donor is a drug addict or not, a medical examination by itself may not be sufficient, and if the subject matter is referred to the Police, the Police can conduct a quick enquiry and find out whether the donor has any antecedents of handling any drugs and whether he was an addict. Therefore, it is the contention of the learned Government Pleader that the said provisions are incorporated into the Rules with clear objectives for ensuring that the recipient of kidney carries on his life successfully after the renal transplantation.