MOOT PROPOSITION

The Union of Scindia is a Democratic Republic having a written Constitution governing the
Country. The State of Metropolis is the financial capital of the Country.

Aclepius Medical Trust’s Green Candy Hospital (hereinafter referred to as Hospital), a multi-
disciplinary hospital, is based in the city of Rose Park. Serving the community since 1947, the
Hospital currently consists of 7000 doctors and support staff, allocated in a system of 6
hospitals with 1000 beds, 35 diagnostic centres providing an array of other health schemes and
services. The Medical Trust is registered under the Metropolis Public Trust Act, 1950 and has
been declared as the ‘Supreme Organ Transplant Centre’ by the Scindian Organ Transplant
Organisation and ‘Unique Medical Tourism Facility’ by the Government of Scindia.

Mr. John Paul (aged 45 years) and Smt. Mangala Deshmukh (aged 65 years) were
independently undertaking Nephrological treatment and Kidney dialysis at the Hospital since
January, 2020. Both these patients were suggested by the nephrologists working at the Hospital,
to undergo a Kidney Transplantation Surgery. Mr. John Paul’s wife named Mrs. Priya Paul
(aged 30 years) desired to be the donor for her husband. Similarly, Smt. Mangala Deshmukh’s
daughter named Smt. Vidya Deshmukh (aged 40 years) wished to be the donor for her mother,
however, for want of medical compatibility they were prevented from doing so.

Keeping in mind the health of the two patients, after detailed analysis, the doctors at the
Hospital suggested a Swap transplantation to both the patients and donee. Accordingly, the
consent was obtained from Smt. Vidya Deshmukh and Mrs. Priya Paul. All necessary
documents were called for and procedural formalities were accomplished as contemplated
under the Transplantation of Human Organs And Tissues Act, 1994 (the “Act”), on part of the
hospital, preceded by a formal interview of the respective donors/ donees and their relatives by
a team of doctors consisting of Dr. Beena Narayan (ex officio member of the interviewing
panel and Deputy Medical Head of the Green Candy Hospital). Basis detailed scrutiny and
personal interviews of both the Donors and recipients, the Regional Authorisation Committee,
Metropolis, granted approval to the applications on 04.11.2022 and surgery was successfully
performed on 01.12.2022.
On 12.12.2022, the patients were offered to be discharged from the hospital. However, to the
surprise of Hospital authorities, Mrs. Priya Paul insisted that she should be discharged under
the name of ‘Priya Sharma’ and not as ‘Priya Paul’. Having suspecting foul-play, the Hospital
made enquiries that revealed that the said Mrs. Priya Paul also maintained a Government of
Scindia issued TADHAR Card which contained her photograph against her name as ‘Priya
Mukund Sharma’.

The incident was immediately reported by the Hospital to Rose Park Police Station on
12.12.2022. However the formal complaint was filed a day later i.e. on 13.12.2022 due to the
casual leave of absence of Dr. Beena Narayan. On 16.12.2022. As per the procedure the matter
was further reported to Director of Health Services, Metropolis who issues a show cause notice
against the Green Candy Hospital and initiated an enquiry. The doctors, technical staff,
paramedical staff, social workers and all other connected individuals concerned with the
subject matter were also summoned. The hospital duly responded to the Show Cause Notice
and the nephrologist and members so summoned also presented themselves on due date. The
nephrologist was examined and discharged the enquiry for the day. However, despite pending
procedure, the Hospital was shocked to receive a communication dated 22.12.2022 i.e. on the
very same day of discharge of the hearing, that the license of the Green Candy Hospital insofar
as the organ transplantation is concerned, has been suspended until the enquiry is over.

The Hospital preferred an Appeal before the Minister of Health, Government of Metropolis so
as to challenge this suspension. The Appeal has been reserved for orders and is awaited to date.

Meanwhile, an FIR bearing no. 01 of 2023 was registered with the Rose Park Police Station,
Pune for offences punishable under sections 420, 465, 468, 471, 120-B and 34 of the Scindian
Penal Code, 1860 alongwith Sections 10, 19 (f) (a), 19 (f) (b), 19 (f)(c) and 20 of the
Transplantation of Human Organs and Tissues Act, 1994, against the team of doctors which
formed part of the internal interviewing panel at the Green Candy Hospital and the
nephrologists who conducted the concerned surgery. Subsequently, in the course of
Investigation it was revealed that with the aid of few middle-men terming themselves as agents,
the forgery and super imposition in the Government issued Identity Card was facilitated. These,
middle men/agents were also arraigned in the F.I.R.

The Metropolis Nephrologists Association (a registered association) vehemently protested

against the hospital and preferred a challenge questioning the validity of a
 Circular/Communication bearing No. 1441/Health/Directorate/2022 issued by the Directorate
of Health Services dated 30.11.2022, that

“the hospitals shall examine and certify that the documents submitted by the donors and the
donee is genuine and also ensure that there is no financial transaction involved and that the
consent of the donor for transplant is based upon his or her free will. A certificate to that effect
shall be endorsed under the seal and signature of the Dean or Medical Head of the registered
Hospital. This exercise should be done by the hospital before forwarding the applications and
papers to the State Government based Regional Authorisation Committee, Metropolis. Inter
alia penal consequences are attracted in the event that the circular is breached”.

The challenge so preferred was by way of a Criminal Public Interest Litigation. The premise of
the challenge is that the Circular/Communication is ultra vires the provisions of the Act and
Rules thereunder.

At the same time, Dr. Beena Narayan preferred a Criminal Writ Petition seeking quashment of
the FIR questioning the legal competence of the investigating authority and the applicability of
provisions so invoked against the Doctors.

The Hon’ble Chief Justice was moved by the Metropolis Nephrologists Association and Dr.
Beena Narayan by way of a joint application on the administrative side, for clubbing or tagging
along of the Criminal Writ Petition as also the PIL. The said request was approved on
05.01.2023. The matter is now assigned to a specially constituted bench of the Honourable
High Court for hearing as to final disposal at the stage of admission.

The said issues suggested by the specially constituted bench are as follows:-

A. Whether the Public Interest Litigation is maintainable for challenging the constitutional validity
of Circular/Communication bearing No. 1441/Health/Directorate/2022 issued by the
Directorate of Health Services dated 30.11.2022 ?
B. Whether the Circular/Communication bearing No. 1441/Health/Directorate/2022 issued by the
Directorate of Health Services dated 30.11.2022 is ultra vires the Constitution of Scindia and
provisions of the Transplantation of Human Organs and Tissues Act, 1994; on grounds of
legislative competence, breach of fundamental rights and arbitrariness ?
C. Whether the First Information Report bearing no. 01 of 2023 registered with the Rose Park
Police Station for offences punishable under sections 420, 465, 468, 471, 120-B and 34 of the
 Scindian Penal Code, 1860 alongwith Sections 10, 19 (f) (a), 19 (f) (b), 19 (f)(c) and 20 of the
Transplantation of Human Organs and Tissues Act, 1994; deserves to be quashed?
D. Whether the investigation pertaining to First Information Report bearing no. 01 of 2023
registered with the Rose Park Police Station for offences punishable under sections 420, 465,
468, 471, 120-B and 34 of the Scindian Penal Code, 1860 alongwith Sections 10, 19 (f) (a), 19
(f) (b), 19 (f)(c) and 20 of the Transplantation of Human Organs and Tissues Act, 1994
deserves to be stayed?

Please note : The laws in India are pari materia with that in Scindia.
The events, entities, bodies, authorities, fora and characters depicted in the present Moot
Proposition are fictional and are for academic purposes alone. Any resemblance with any
events, entities, bodies, authorities, fora and characters, either living or dead, operation or non
operational; are purely co-incidental. In no manner whatsoever the present academic
proposition intends or attempts to prejudice or disrespect any pending proceedings, if any,
before the courts of law or any other competent statutory body/ies or authorities.