The Punjab and Haryana High Court disposed of a Public Interest Litigation (PIL) which prayed for a direction to the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh to abstain from engaging in renal organ transplantation in its Department of Urology in violation of the Transplantation of Human Organs and Tissues Act, 1994 read with the Transplantation of Human Organs and Tissues Rules, 2014 and to evaluate the expertise of prospective renal transplant surgeons as per global medical standards.
The petitioner, Dr Mukut Minz, further prayed for a direction to Union of India to adequately amend Rule 26(c) of the Rules, 2014 in accordance with and at par with global medical standards requisite for minimum qualifications to perform renal transplantation and stay the authority/permissions given to the Urology Department of PGIMER to perform renal transplantation as the present proposed staff lacks the minimum qualification to perform the same.
It is submitted before the High Court that the respondent-authorities have granted permission to commence renal transplantation contrary to the Act and the Rules, 2014. It is stated that the respondent-authorities propose to undertake renal transplantation in violation of the Rules. Hence, the PIL is filed.
Satya Pal Jain, Additional Solicitor General of India, submitted that in fact the action being taken by the respondent authorities is in accordance with the Rules. He undertook that the respondent authorities will be acting strictly in accordance with the Rules and the Statute.
At this stage, as there is no particular instance pointed out by the petitioner in the entire petition relating to violation of the Rules, nor is there any allegation as to whether any individual or person has been subjected to renal transplantation in violation of the Rules, taking the statement of Additional Solicitor General of India and in terms thereof, the Division Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli disposed of the petition.