Ramesh Pratap Singh v. The Applellate Authority Under Transplantation Of Human Organs & Tissues Act 1994 And ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3153/2016 RAMESH PRATAP SINGH ..... Petitioner Through: Mr Ravi Sikri, Senior Advocate with Mr. Vaibhav Kalra, Advocate.

versus THE APPLELLATE AUTHORITY UNDER TRANSPLANTATION OF HUMAN ORGANS & TISSUES ACT 1994 AND ANR ..... Respondents Through: Mr. Akshay Makhija, Advocate with Mr. Vidur Mohan, Advocate for respondent No.1.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 08.04.2016 CM Appl. 13497/2016 (exemption) in W.P.(C) 3153/2016 Allowed, subject to just exceptions.

W.P.(C) 3153/2016 Present writ petition has been filed challenging the respondent No.1's order dated 25th February, 2016 whereby respondent No.1 has remanded the matter back to respondent No.2 for consideration Petitioner further challenges the respondent No.2's orders dated 17th November, 2015 and 12th March, 2016 whereby respondent No.2 has rejected the petitioner's case for organ transplant on the ground of extreme

income disparity between the recipient and the donor. In the opinion of this Court, the impugned orders dated 17th November, 2015 and 25th February, 2016 have exhausted themselves inasmuch as in pursuance to the said orders, subsequent orders have been passed. This Court is also of the view that the petitioner has an alternate effective remedy by way of an appeal to challenge the order dated 12th March, 2016.

Consequently, the present writ petition is dismissed. However, keeping in view the medical condition of the petitioner, it is directed that if the petitioner files an appeal within a period of three days, the same shall be disposed of by way of a reasoned order within a period of one week thereafter.

Order dasti under the signature of Court Master to both the parties. MANMOHAN, J APRIL 08, 2016 js