Whether the public interest litigation is maintainable

Guest (Querist) 25 March 2023 This query is : Resolved
WHETHER THE PUBLIC INTEREST LITIGATION IS MAINTAINABLE FOR CHALLENGING THE CONSTITUTIONAL VALIDITY OF THE CIRCULAR PASSED BY DMER WHICH STATES THAT- the hospitals shall examine and certify that the documents submitted by the donors and the donee are genuine, also that there is no financial transaction involved and that the donor's consent for transplant is based on his or her free will.

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This discussion addresses whether a Public Interest Litigation (PIL) can be used to challenge the constitutional validity of a circular from DMER regarding organ donation documentation. While a PIL is generally maintainable when it affects the public at large and the petitioner lacks personal interest, challenging this specific circular might not be appropriate. Consulting a local lawyer for professional advice is recommended.

Isaac Gabriel (Expert) 26 March 2023
It is the prerogative of the competent authority to satisfy the veracity .Any PIL is not maintainable over the question you have raised.

Sudhir Kumar, Advocate (Expert) 26 March 2023
please give full context.

Dr J C Vashista (Expert) 27 March 2023
It is maintainable on fulfilling conditions governing PIL especially when it affects public at large where petitioner do not have any or has remote "personal" interest in the subject matter.
It is advisable to consult and engage a local prudent lawyer for professional advise and necessary proceeding.

T. Kalaiselvan, Advocate (Expert) 27 March 2023
Dr. Vashista sir, a senior expert has correctly opined to your query

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