JUDGMENT : J.B.PARDIWALA, J. By this writ-application in the nature of a public interest litigation, the petitioner, a practicing advocate and a human rights' activist has brought to our notice that the respondent no.2, as a condition precedent, has been insisting that the patients who come for kidney transplant from outside the State of Gujarat must produce a passport and are refusing to accept other I.D. proofs viz. Voter ID Card, PAN Card, Marriage Card, School Leaving Certificate etc., as a result, those patients or donors who do not possess a valid passport are put to immense difficulty. The case made out by the petitioner may be summed up thus: The petition is being filed in the interest of people residing outside the State of Gujarat and who come to Gujarat for kidney transplant. They have to prove blood relations only by way of producing a passport. The hospitals are refusing to accept other ID proofs. The petitioner came across a news item reported in “Rajasthan Patrika” dated 11th March 2014, and after reading the news published in the Patrika, decided to file this petition in public interest. According to the petitioner, the insistence on the part of the hospitals for passport is without any legal backing and leads to harassment. Many a times, due to non-availability of passport, the patient may have to lose his/her life as the hospital refuses to perform surgery of kidney transplant. According to the petitioner, the hospitals and institutions are not insisting for passport from people residing within the State of Gujarat, but the same is being insisted upon only from the patient residing outside the State of Gujarat. It is not the case of the petitioner that the hospital authorities should not insist on any identification proof. However, at the same time, should not insist only on passport whereas the other valid ID proofs like PAN card, Voter ID, Driving Licence, Marriage Certificate, School Leaving Certificate, Certificate of Talati, Certificate of Executive Magistrate are available. It is not the case of the petitioner that the hospital authorities should not insist on any identification proof. However, at the same time, should not insist only on passport whereas the other valid ID proofs like PAN card, Voter ID, Driving Licence, Marriage Certificate, School Leaving Certificate, Certificate of Talati, Certificate of Executive Magistrate are available. In such circumstances referred to above, the petitioner has prayed for the following reliefs : “12… (A) This Honourable Court may be pleased to admit this petition; (B) This Honourable Court may be pleased to issue writ of mandamus or other appropriate writ by quashing and setting aside notification of respondent no.1 for insisting passport for the purpose of proving blood relation for the patients who are coming from outside the Gujarat. (C) Pending petition the respondents may please be directed to produce notifications/guidelines regarding the Kidney transplant who are coming from outside the State; (D) This Honourable Court may be please to pass such other and further relief, as the nature and circumstances of the present case may require.” Stance of the respondent No.2 - IKDRC : The IKDRC is an institute established in the year 1981 with the primary objective of treating kidney diseases and also to operate, promote, run and manage institutions engaged in service, education and research pertaining to the field of Nephrology, Urology, Transplantation, Hematology, Autoimmune and Genetic disorders. The respondent is an autonomous body. The Government of India has enacted the Transplantation of Human Organs Act, 1994, which provides for regulation of removal, storage and transplantation of human organs for the therapeutic purposes and for the prevention of commercial dealings in human organs and for matters connected therewith or incidental thereto. In order to prevent the commercial dealings of human organs, more particularly, kidney, wherein fake identity of donors is created and for which they are paid by the recipients, and since it also endangers the life of the potential donor, the Parliament thought fit to enact the law referred to above. With a view to serve the object of the enactment, the respondent has laid down stringent procedures for the transplantation of the human organ. In the affidavit-in-reply filed on behalf of the respondent, the procedure which is being followed for the purpose of kidney transplantation has been explained. With a view to serve the object of the enactment, the respondent has laid down stringent procedures for the transplantation of the human organ. In the affidavit-in-reply filed on behalf of the respondent, the procedure which is being followed for the purpose of kidney transplantation has been explained. The averments regarding the same made in the affidavit-in-reply are as under: “(i) It is submitted that as soon as the medical report establishes that the patient has developed chronic kidney failure and needs transplantation, as it is confirmed by Head of the Unit of Nephrology. (ii) It is submitted that thereafter inquiry is made regarding the availability of immediate relative as potential donor from whom the kidney can be transplanted into the patient suffering from chronic kidney failure, which includes parents, siblings, spouse, and children. I say and submit that if there are no immediate relatives of the patient from whom the kidney can be transplanted then the second step is to look for a cadaver donor for which the patient has to enroll in cadaver organ transplantation waiting list, which means that the kidney will be taken from persons who is declared brain dead and whose relatives are ready and willing to allow the transplant the kidney of that person into the recipient with Chronic Kidney failure. It is submitted that at present the controversy pertains to the potential donor in the present petition. (iii) It is submitted that as soon as the potential donor and recipient are cleared by the basic investigations by the treating doctor, then the same is referred to Transplant coordinator. It is further submitted that the potential donor and recipient has to submit documents verifying the identity of the potential donor and the recipient. It is submitted that in order to verify the identity of the donors, any of the documents like Election Card, Pan Card Driving license, Passport or Aadhar Card are requested to be submitted. It is submitted that even the documents pertaining to the verification of the relationship between the potential donor and the recipient are to be submitted. It is submitted that any of the document like (i) birth certificate of the recipient, when the potential donor are his/her parents. (ii) School leaving certificate of recipient, when the potential donor are his/her parents. (iii) Passport (iv) Marriage registration certificate to establish the spousal relationship between the recipient and potential donor (husband/wife). It is submitted that any of the document like (i) birth certificate of the recipient, when the potential donor are his/her parents. (ii) School leaving certificate of recipient, when the potential donor are his/her parents. (iii) Passport (iv) Marriage registration certificate to establish the spousal relationship between the recipient and potential donor (husband/wife). It is submitted that if the potential donor and recipient are from within the State of Gujarat, then any of the aforesaid identity proof is requested to be submitted alongwith any of the document pertaining to relationship, since verification of the donor and recipient can be easily cross checked by the answering respondent with the local administration bodies. It is submitted that in the event when the potential donor and recipient are from outside the State of Gujarat, in that situation if the potential donor from extended family, then the recipient have to first submit the No objection certificate from the State Government of the State which they belong to and which is even the mandatory requirement of the State Authorization Committee established by the State of Gujarat along with the identity proof documents. It is submitted that the mandatory requirement of submitting the passport as identity proof is applicable to those donors from outside the State of Gujarat, wherein the Ethics Committee has suspicious doubts regarding the identity of the potential donor and recipient. (iv) It is submitted that the answering respondent has also constituted its own Ethics Committee, which consists of Seven Members who are also the head of the different departments of the answering respondent and the same is headed by the Deputy Director of the answering respondent. It is submitted that thereafter the documents pertaining to the identity and relationship verification of the potential donor and recipient are scrutinized by the Ethics committee and after attaining the proper satisfaction on personal interview of donor and recipient, the Ethics committee is been empowered of giving the permission for transplantation from the genetically related donor and recipient as per the THOA Act, 1994. However, in the case where the potential donor belongs to the extended family members, in that event the case is referred to the State Authorization Committee for its approval under the THOA Act, 1994.” The demand of passport for identification of the donor and the recipient from outside the State of Gujarat is for the reason that the passport is the only legal document of high credence and reliability. It is so because the same is issued only after proper police verification. The issue of passport would suggest that the holder of the same has no criminal antecedents. It is difficult for the respondent to verify the identity of the donor residing outside the State of Gujarat and, therefore, the insistence for a valid passport is by way of abundant caution and all other hospitals within the State of Gujarat engaged in the transplantation of human organs insist for the passport of the donor and recipient. In such circumstances, the action on the part of the respondent could not be termed as arbitrary or contrary to any provisions of law. The transplantation of the human organ endangers the life of the donor and, therefore, the respondent has to be more vigilant with a view to prevent the trafficking of the organs which is the main thrust of the Act. In the past, the respondent had come across a case wherein the election card was submitted for establishing the identity of the donor. On verification of the document, it was found that the election card was false and a police complaint had to be filed in that regard. If the potential donor and the recipient are residing within the State of Gujarat, then any of the identity proofs as suggested by the petitioner could be taken into consideration because the genuineness of the same could be inquired with the local administration. If the potential donor and the recipient are from outside the State of Gujarat, then it is difficult for the respondent to verify the identity. In the case of a potential donor and a recipient residing outside India, then in such cases a valid passport, visa, High Commission Embassy's letter and police verification indicating the legal residential status is insisted upon. In the case of a potential donor and a recipient residing outside India, then in such cases a valid passport, visa, High Commission Embassy's letter and police verification indicating the legal residential status is insisted upon. In such circumstances referred to above, it is prayed by the respondent no.2 that the insistence for a passport at the time of kidney transplant is not without any rhyme or reason, but with a definite object keeping in mind the provisions of the Act, 1994. Stance of the Respondent no.1- State of Gujarat : The Government of India enacted the Transplantation of Human Organs Act, 1994. The Government of Gujarat adopted the Act on 6th March 1997. Pursuant to the adoption of the Act, the Government of Gujarat vide Notification dated 23rd July 1997 issued orders of declaring the “Appropriate Authority” and also constituted an “Authorization committee”. Section 9(1) of the Act, 1994, provides for transplantation of human organ from “near relative” and Section 9(3) of the Act is regarding transplantation of human organ “from other than near relative”. In case of “other than near relative”, the prior approval of the Authorization Committee is necessary. In order to implement the provisions of the Act effectively, the Union of India has framed the Transplantation of Human Organs Rules, 1995, which were later on amended vide Notification dated 4th August 2008. According to the amended Rules, 2008, there is a provision in Section 3 regarding Form-1(A), Form-1(B) and Form-1(C), wherein Form-1(A) is specified for the cases being human organ transplantation between the related donor. Form-1(A) is an authority of removal of organ and the following set of documents are mentioned in the same. i) Ration/Consumer Card Number and Date of issue and place. ii) Voter’s I-Card number, date of issue, Assembly Constituency and/or iii) Passport number and country of issue and/or iv) Driving License number, Date of issue, licensing authority and/or v) PAN and/or vi) Other proof of identity and address. According to the State of Gujarat, it has not issued any instructions or has made any provisions making production of passport mandatory. ii) Voter’s I-Card number, date of issue, Assembly Constituency and/or iii) Passport number and country of issue and/or iv) Driving License number, Date of issue, licensing authority and/or v) PAN and/or vi) Other proof of identity and address. According to the State of Gujarat, it has not issued any instructions or has made any provisions making production of passport mandatory. ANALYSIS : We have heard Mr.Kishor Madangopal Paul in person, Mr.Prashant G.Desai, the learned senior advocate assisted by Mr.Rutul P.Desai, the learned advocate appearing on behalf of the respondent no.2, Mr.P.K.Jani, the learned Government Pleader assisted by Mr.Parth Bhatt, the learned AGP appearing for the State and Mr.I.J.Sayeed, the Assistant Solicitor General of India for the respondent no.3. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our determination in this PIL is, whether the insistence on the part of the respondent no.2 for a passport of the donor as well as the recipient for the purpose of kidney transplant as the only mode of proof of identity is tenable in law. The respondent no.2, in its own way, has explained the difficulties experienced by them at the time when the patients come for the kidney transplant. The respondent no.2 has also given instances of fraud by production of false and bogus documents of identity proof. It appears that the respondent no.2 has been over cautious and they may be justified in their own way as the kidney transplant is not a minor surgery. However, the question is, whether the respondent no.2 can ignore the statutory rules enacted in this regard. Our attention has been drawn in the course of hearing of this matter that the Central Government, in exercise of the powers conferred by Section 24 of the Transplantation of Human Organs Act, 1994 (42 of 1994) and in supersession of the Transplantation of Human Organs Rules, 1995, has framed rules called the “Transplantation of Human Organs and Tissues Rules, 2014”. “MINISTRY OF HEALTH AND FAMILY WELFARE NOTIFICATION New Delhi, the 27th March 2014. G.S.R. 218 (E). “MINISTRY OF HEALTH AND FAMILY WELFARE NOTIFICATION New Delhi, the 27th March 2014. G.S.R. 218 (E). -In exercise of the powers conferred by section 24 of the Transplantation of Human Organs Act, 1994 (42 of 1994) and in supersession of the Transplantation of Human Organs Rules, 1995, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely;- 1. Short title and commencement — (1) These rules may be called the Transplantation of Human Organs and Tissues Rules, 2014. They shall come into force on the date of their publication in the Official Gazette. 2. Definitions: -In these rules unless the context otherwise requires— (a) "Act'" means the Transplantation of Human Organs Act, 1994; (b) "cadaver(s)", "organ(s)" and "tissue(s)" means human cadaver(s), human organ(s) and human tissue(s), respectively; (c) “competent authority” means the Head of the institution or hospital carrying out transplantation or committee constituted by the head of the institution or hospital for the purpose; (d) to (f) xxx xxx xxx (g) words and expressions used and not defined in these rules, but defined in the Act, shall have the same meanings, respectively, assigned to them in the Act. 10. Application for living donor transplantation.— (1) The donor and the recipient shall make jointly an application to grant approval for removal and transplantation of a human organ, to the competent authority or Authorisation Committee as specified in Form 11 and the papers for approval of transplantation would be processed by the registered medical practitioner and administrative division of the Institution for transplantation. (2) The competent authority or Authorisation Committee shall take a decision on such application in accordance with the rule 18. (3) If some State wants to merge Form 11 with Form 1, Form 2 or Form 3, they may do so, provided the content of the recommended Forms are covered in the merged Form and the same is approved by the State Government concerned. 12. (3) If some State wants to merge Form 11 with Form 1, Form 2 or Form 3, they may do so, provided the content of the recommended Forms are covered in the merged Form and the same is approved by the State Government concerned. 12. Composition of hospital based Authorisation Committees.— The hospital based Authorisation Committee shall, as notified by the State Government in case of State and by the Union territory Administration in case of Union territory; consist of,— (a) the Medical Director or Medical Superintendent or Head of the institution or hospital or a senior medical person officiating as Head – Chairperson; (b) two Senior medical practitioners from the same hospital who are not part of the transplant team -Member; (c) two persons (preferably one woman) of high integrity, social standing and credibility, who have served in high ranking Government positions, such as in higher judiciary, senior cadre of police service or who have served as a reader or professor in University Grants Commission approved University or are self-employed professionals of repute such as lawyers, chartered accountants, doctors of Indian Medical Association, reputed non-Government organisation or renowned social worker – Member; (d) Secretary (Health) or nominee and Director Health Services or nominee from State Government or Union territory Administration – Member. 18. Procedure in case of near relatives,— (1) Where the proposed transplant of organs is between near relatives related genetically, namely, grandmother, grandfather, mother, father, brother, sister, son, daughter, grandson and granddaughter, above the age of eighteen years, the competent authority as defined at rule 2(c) or Authorisation Committee (in case donor or recipient is a foreigner) shall evaluate; (i) “documentary evidence of relationship e.g. relevant birth certificates, marriage certificate, other relationship certificate from Tehsildar or Sub-divisional magistrate or Metropolitan Magistrate or Sarpanch of the Panchayat, or similar other identity certificates like Electors Photo Identity Card or AADHAAR card; and ii) documentary evidence of identity and residence of the proposed donor, ration card or voters identity card or passport or driving license or PAN card or bank account and family photograph depicting the proposed donor and the proposed recipient along with another near relative, or similar other identity certificates like AADHAAR Card (issued by Unique Identification Authority of India). (2) If in the opinion of the competent authority, the relationship is not conclusively established after evaluating the above evidence, it. (2) If in the opinion of the competent authority, the relationship is not conclusively established after evaluating the above evidence, it. may in its discretion direct further medical test, namely, Deoxyribonucleic Acid (DNA) Profiling. (3) The test referred to in sub-rule (2) shall be got done from a laboratory accredited with National Accreditation Board for Testing and Calibration Laboratories and certificate shall be given in Form 5. (4) If the documentary evidences and test referred to in sub- rules (1) and (2), respectively do not establish a genetic relationship between the donor and the recipient, the same procedure be adopted on preferably both or at least one parent, and if parents are not available, the same procedure be adopted on such relatives of donor and recipient as are available and are willing to be tested, failing which, genetic relationship between the donor and the recipient will be deemed to have not been established. (5) Where the proposed transplant is between a married couple the competent authority or Authorisation Committee (in case donor or recipient is a foreigner) must evaluate the factum and duration of marriage and ensure that documents such as marriage certificate, marriage photograph etc. are kept for records along with the information on the number and age of children and a family photograph depicting the entire family, birth certificate of children containing the particulars of parents and issue a certificate in Form 6 (for spousal donor). (6) Any document with regard to the proof of residence or domicile and particulars of parentage should be relatable to the photo identity of the applicant in order to ensure that the documents pertain to the same person, who is the proposed donor and in the event of any inadequate or doubtful information to this effect, the Competent Authority or Authorisation Committee as the case may be, may in its discretion seek such other information or evidence as may be expedient and desirable in the peculiar facts of the case. (7) The medical practitioner who will be part of the organ transplantation team for carrying out transplantation operation shall not be a competent authority of the transplant hospital. (8) The competent authority may seek the assistance of the Authorisation Committee in its decision making, if required. 19. (7) The medical practitioner who will be part of the organ transplantation team for carrying out transplantation operation shall not be a competent authority of the transplant hospital. (8) The competent authority may seek the assistance of the Authorisation Committee in its decision making, if required. 19. Procedure in case of transplant other than near relatives.— Where the proposed transplant is between other than near relatives and all cases where the donor or recipient is foreign national (irrespective of them being near relative or otherwise), the approval will be granted by the Authorisation Committee of the hospital or if hospital based Authorisation Committee is not constituted, then by the District or State level Authorisation Committee.” “FORM 1 For organ or tissue donation from identified living near related donor (to be completed by him or her) (See rules 3 and5(3) (a)) My full name (proposed donor) is.........................................: and this is my photograph To be affixed here. Photograph of the Donor (Attested by Notary Public across the photo after affixing) My permanent home address is: Tel: My present address for correspondence is: Tel: Date of birth .................................................(day/month/year)I enclose copies' of the following documents: (attach attested photocopy of at least two of following relevant documents to indicate your near relationship): • Ration/Consumer Card number and Date of issue and place.. and/or • Voter's I-Card number, date of issue, Assembly constituency.................................................. and/or • Passport number and country of issue............. and/or • Driving License number, Date of issue, licensing authority..... and/or • Permanent Account Number (PAN).......................... and/or • AADHAAR No....................... and/or • Any other valid proof of identity and address reflecting near. relationship I authorise removal for therapeutic purposes and consent to donate my................................................... (Name of organ/tissue) to my relative ............. (Specify son/daughter/ father/mother/ brother/sister/grand-father/ grand-mother/grand-son/grand-daughter), whose particulars are as follows and name is................and who was born...........................on ...........(day/month/year): To be affixed here. Photograph of the Recipient (Attested by Notary Public across the photo after affixing) The copies of following documents of recipient are enclosed (attach attested photocopy of at least two relevant documents to indicate your near relationship): • Ration/Consumer Card number and Date of issue and place... and/ or • Voter's I-Card number, date of issue, Assembly constituency ................................................................................... and/ or • Passport number and country of issue ................ and/ or • Driving License number, Date of issue, licensing authority... and/ or • Permanent Account Number (PAN)...... and/ or • Voter's I-Card number, date of issue, Assembly constituency ................................................................................... and/ or • Passport number and country of issue ................ and/ or • Driving License number, Date of issue, licensing authority... and/ or • Permanent Account Number (PAN)...... and/ or • AADHAAR No. (Issued by Unique Identification Authority of India).... and/ or • Any other valid proof of identity and address reflecting near relationship...... I solemnly affirm and declare that: Sections 2, 9 and 19 of The Transplantation of Human Organs Act, 1994 have been explained to me and I confirm that: 1. I understand the nature of criminal offences referred to in the sections. 2. No payment as referred to in the sections of the Act has been made to me or will be made to me or any other person. 3. I am giving the consent and authorisation to remove my..............(name of organ/tissue) of my own free will without any undue pressure, inducement, influence or allurement. 4. I have been given a full explanation of the nature of the medical procedure involved and the risks involved for me in the removal of my ..................................................., (name of organ/tissue). That explanation was given by ........... (name of registered medical practitioner). 5. I understand the nature of that medical procedure and of the risks to me as explained by that practitioner. 6. I understand that I may withdraw my consent to the removal of that organ at any time before the operation takes place. 7. I state that particulars filled by me in the form are true and correct to the best of my knowledge and belief and nothing material has been concealed by me. Date Signature of the prospective donor (Full Name) Note: To be sworn before Notary Public, who while attesting shall ensure that the person/persons swearing the affidavit(s)signs(s) on the Notary Register, as well.” “FORM 2 For organ or tissue donation by living spousal donor (To be completed by him/her) (See rules 3, 5(3)(a) and 5(3)(d)) My full name (proposed donor) is.................. and this is my photographs To be affixed here Photograph of the Donor (Attested by Notary Public across the photo after affixing My permanent home address is...................... Tel : My present address for correspondence is .......... Tel : Date of birth........... (day/month/year) I authorize removal for therapeutic purposes and consent to donate my ....... (Name of organ) to my husband/wife....... and this is my photographs To be affixed here Photograph of the Donor (Attested by Notary Public across the photo after affixing My permanent home address is...................... Tel : My present address for correspondence is .......... Tel : Date of birth........... (day/month/year) I authorize removal for therapeutic purposes and consent to donate my ....... (Name of organ) to my husband/wife....... whose particulars are as follows and full name is ......... and who was born on ....... (day/month/year) .........................(Day/month/year): To be affixed here Photograph of the Recipient (Attested by Notary Public across the photo after affixing) I enclose copies of the following documents (attach attested photocopy of at least two of following relevant documents to indicate the spousal relationship): • Ration/Consumer Card number and Date of issue and place:.............................................................; and/or •Voter's Identity-Card number, date of issue, Assembly constituency.................................................................. and/or •Passport number and country of issue................... and/or •.................................................................................¦ Driving License number, Date of issue, licensing authority. and/or •Permanent Account Number (PAN) and/or •AADHAAR No.(issued by Unique Identification Authority of India) and/or • Any other proof of identity and address establishing spousal relationship I submit the following as evidence of being married to the recipient:- (a) A certified copy of a marriage certificate OR (b) An affidavit of a 'near relative' confirming the status of marriage to be sworn before Class-I Magistrate/Notary Public. (c) Family photographs (d) Letter from Head of Gram Panchayat/ Tehsildar/ Block Development Officer/ Member of Legislative' Assembly/ Member of Legislative Council (MLC)/ Member of Parliament with seal certifying factum and status of marriage. OR (e) Other credible evidence I solemnly affirm and declare that sections 2, 9 and 19 of the Transplantation of Human Organs Act, 1994 (42 of 1994), have been explained to me and I confirm that 1. I understand the nature of criminal offences referred to in the sections. 2. No payment of money or money's worth as referred to in the Sections of the Act has been made to me or will be made to me or any other person. 3. I am giving the authorisation to remove my........ (organ)and consent to donate the same of my own free will without any undue pressure, inducement, influence or allurement. 4. I have been given a full explanation of the nature of the medical procedure involved and the risks involved for me in the removal of my.............. (organ). That explanation was given by...................(name of registered medical practitioner). (organ)and consent to donate the same of my own free will without any undue pressure, inducement, influence or allurement. 4. I have been given a full explanation of the nature of the medical procedure involved and the risks involved for me in the removal of my.............. (organ). That explanation was given by...................(name of registered medical practitioner). 5. I understand the nature of that medical procedure and of the risks to me as explained by that practitioner. 6. I understand that I may withdraw my consent to the removal of that organ at any time before the operation takes place. 7. I state that particulars filled by me in the form are true and correct to to the best of my knowledge and nothing material has been concealed by me. Signature of the prospective donor (Full Name) Date Note: To be sworn before Notary Public, who while attesting shall ensure that the person/persons swearing the affidavit(s) signs(s) on the Notary Register, as well FORM 3 For organ or tissue donation by other than near relative living donor (To be completed by. him/her) (See rules3, 5(3)(a)and5(3}(e)) My full name is ............................................................... and this is my photograph To be affixed here Photograph of  the Donor (Attested by Notary Public across the photo after affixing) To be affixed here My permanent home address is Tel: My present address for correspondence is Tel: Date of birth..................................................(day/month/year) I enclose copies of the following documents: (attach attested photocopy of at least two of following relevant documents to prove your identity): • Ration/Consumer Card number and Date of issue and place: ...................................................................... (Photocopy attached) and/or • Voter's l-Card number, date of issue, Assembly constituency..:........................................................... (Photocopy attached) and/or • Passport number and country of issue.................... (Photocopy attached) . and/or • Driving Licence number, Date of issue, licensing authority (Photocopy attached) and/or • PAN........................................................................... and/or • ADHAAR No.................................................... and/or • Other proof of identity and address......................... Details of last three years income and vocation of donor (enclose documentary evidence) I authorize removal for therapeutic purposes and consent to donate my........ (Name of organ/tissue) to a person whose full name is ......... and who was born on ....... and/or • ADHAAR No.................................................... and/or • Other proof of identity and address......................... Details of last three years income and vocation of donor (enclose documentary evidence) I authorize removal for therapeutic purposes and consent to donate my........ (Name of organ/tissue) to a person whose full name is ......... and who was born on ....... (day/month/year)and whose particulars are as follows : Photograph of the Recipient (Attested by Notary Public across the Photo after affixing) (attach attested photocopy of at least two relevant documents to prove identity recipient) • Ration/Consumer Card number and Date of issue and place: (Photocopy attached) and/or • Voter's I-Card number, date of issue, Assembly constituency (Photocopy attached) and/or • Passport number and country of issue............. (Photocopy attached) and/or • Driving Licence number, Date of issue, licensing authority (Photocopy attached) and/or • PAN................................................................... and/or • AADHAAR No................................................... and/or • Other proof of identity and address.................: I solemnly affirm and declare that sections 2, 9 and 19 of the Transplantation of Human Organs Act, 1994 (42 of 1994), have been explained to me and I confirm that 1. I understand the nature of criminal offences referred to in the Sections. 2. No payment of money or money's worth as referred to in the Sections of the Act has been made to me or will be made to me or any other person. 3. I am giving the consent and authorisation to remove my.............(name of organ/tissue) of my own free will without any undue pressure, inducement, influence or allurement. 4. I have been given a full explanation of the nature of the medical procedure involved and the risks involved for me in the removal of my.............. (name of organ/tissue). That explanation was given by...................(name of registered medical practitioner). 5. I understand the nature of that medical procedure and of the risks to me as explained by that practitioner. 6. I understand that I may withdraw my consent to the removal of that organ at any time before the operation takes place. 7. I state that particulars filled by me in the form are true and correct to to the best of my knowledge and nothing material has been concealed by me. 6. I understand that I may withdraw my consent to the removal of that organ at any time before the operation takes place. 7. I state that particulars filled by me in the form are true and correct to to the best of my knowledge and nothing material has been concealed by me. Signature of the prospective donor (Full Name) Date Note: To be sworn before Notary Public, who while attesting shall ensure that the person/persons swearing the affidavit(s) signs(s) on the Notary Register, as well.” Rule 10 makes it very clear that the donor and the recipient will have to jointly make an application for grant of approval for removal and transplantation of human organ, to the competent authority or Authorization Committee as specified in Form-II and the papers for approval of transplantation would then be processed by the Registered Medical Practitioner and Administrative Division of the Institution for Transplantation. Rule 18 provides for the procedure in case of near relatives. Where the proposed transplant of organ is between the near relatives related genetically, viz. grandfather, grandmother, mother, father, brother, sister, son, daughter, grandson and granddaughter above the age of 18 years, the competent authority or the Authorization Committee (in case the donor or the recipient is a foreigner) shall evaluate the documentary evidence as prescribed in Rule 18 referred to above. Rule 19 provides for the procedure in case of transplant other than the near relative. The rules provide for the form. Form-I is for organ or tissue donation from identified living near related donor, Form-II for organ or tissue donation by living spousal donor and Form-III for organ tissue donation by other than the near relative living donor. The perusal of all the three forms, more particularly, Form-I and Form-III with which we are concerned, the documents which are required to be attached are as under : * Ration/Consumer Card number and Date of issue and place and/or * Voter’s I-Card number, date of issue, Assembly constituency and/or * Passport number and country of issue and/or * Driving License number, Date of issue, licensing authority and/or * Permanent Account Number (PAN) and/or * AADHAAR No. (issued by Unique Identification Authority of India) and/or * any other valid proof of identity and address reflecting near relationship. Thus, when the statutory rules framed in exercise of the power conferred by Section 24 of the Act, 1994, has prescribed the forms and if the statutory rules itself provide for documents like ration card, voters ID card, driving licence, PAN Card, Aadhaar number, then the insistence for production of passport only would not be sustainable in law. We do not say for a moment that it would not be open for the hospital authorities to verify the genuineness of any of those documents mentioned in the form appended to the Rules. If after proper verification it is found that the document is not genuine, then it would always be open for the authorities to reject the same and also to take appropriate action in accordance with law. However, if the person concerned holds a valid ration card or a voter’s I-card or a driving licence, then the authorities are otherwise obliged to accept the same as a valid proof of identity. We may only say that the passport is a travel document issued by the authority under the Passports Act and may not be available with one and all. An average middle class family may be surely possessing a ration card or a voter’s I-card including a driving licence, but perhaps may not have applied for a passport. In such circumstances, if the authorities concerned would insist only for a passport, then probably the patient who is in need of urgent transplantation may have to lose his/her life. It is a settled law that the administrative or executive instructions cannot override the statutory rules. The statutory rules have to prevail. For the foregoing reasons, we direct the respondent no.2 that there should not be insistence on the production of passport alone for the purpose of kidney transplant, and if other documents referred to in the rules are produced for the purpose of identification, then the respondent no.2 shall take those documents into consideration after properly verifying the genuineness of the same. With the above observations and directions, we close this public interest litigation. The writ-application, accordingly, stands disposed of. No order as to costs.