A.S. MITTAL & ORS. versus STATE OF U.P. & ORS.

Citation: [1989] 3 S.C.R. 241 · Decided: 12-05-1989 · Supreme Court of India · Bench: RANGANATH MISRA, M.N. VENKATACHALIAH · Disposal: Disposed off

Judgment (excerpt)

A.S. MITTAL & ORS. 
A 
v. 
STATE OF U.P. & ORS. 
MAY 12, 1989 
[RANGANATH MISRA AND M.N VENKATACHALIAH, JJ.] 
R 
Article 32-"Eye Camp"-Conducted-Severai people operated 
for cataract-Many becoming totally blind in operated eyes-Victims 
granted monetary relief payment on humanitarian considerations 
ordered by Court-Necessity for strict compliance with guidelines 
issued by Government for conduct of eye camps-Emphasised-
Suggestion to the Union to incorporate some recommendations noted in 
the judgment made by Expert Sub.:_Committee of the Indian Medical 
Council in the Revised Guidelines. 
Lions Club, Pottery Town, Khurja (U.P.) actuated by the desire 
c 
to provide relief and facilities of opthalmic surgical serviees partlctilarly 
D 
to the persons residing in turai areas, suffering from eye·troubles, ar· 
ranged and opened an "Eye Camp" at Khurja after obtaining neces-
sary permission from the Chief Medical Officer, Buland Sahar. In this 
connection, the Club invited Dr. R.M. Sahay of the Sahay Hospital at 
Jaipur and team of Doctors to do the surgieal job. The Club published 
propaganda literature with attractive slogans, e.g., 'Get operated and 
E 
go home', 'No restriction on food', 'No bed rest' and 'No stitches to be 
removed'. In response thereto substantial number of patients visited the 
Camp. 
Dr. Sahay arrived in Khurja on 21.4.1986 and e~amhted about 
122 patients. One hundred and eight patients were operated tipoil, 88 of 
F 
them for cataracts. Dr. Sahay left Khurja that evening for Moradabad 
where he was schedule to conduct another similar Eye Camp. 
It is unforunate that the project which was opened for the good of 
the suffering people, proved a disastrous medicai mis-adventure; as the 
operated eyes of the patients were irreversibly damaged, owing to a 
G 
post-operative infection of the Intra Ocular Cavities of the operated 
eyes, and the eyes were completely damaged. Similar mishap happened 
at Moradabad also though on a lesser scale, the number of affected persons 
being IS only. To remove the infection that caused this damage, Doctors 
gave the necessary treatment but to no avail. 
241 
H 
A 
B 
c 
242 
SUPREME COURT REPORTS 
[1989] 3 S.C.R. 
In order to find out the causes of this mishap, i.e., the source of 
infection, the Government appointed Inquiry Committee, reports 
whereof were placed before the Court for favour of perusal. 
Two social activists, Shri A.S. Mittal and Shri Om Prakash 
Tapas have filed these Writ Petition in the form of a Public Interest 
Litigation. 
The Petitioners have made serious allegations about the very bona 
/ides behind the sponsoring of ill-fated 'eye-camp' and have alleged 
monetary gains on the part of the sponsors but the Court did not find 
any material to substantiate the said allegation. The petitioners prayed 
that (i) the victims of this medical mishap be given expert rehabilitatory 
treatment and appropriate compensation, (ii) that the Government do 
conduct a thorough investigation as to the conditions which rendered a 
medical misadventure of such a scale possible and evolve proper 
guidelines which will prevent recurrence of such tragedies and, (iii) that 
appropriate legal action be instituted against Dr. Sahay and his team 
D 
and other Government officials concerned. 
E 
F 
Pursuant to the reports of the Inquiries conducted into the causes 
of mishap, penal action had been initiated against Dr. Sahay & others. 
The Court considered the following aspects of these proceedings; 
(a) Whether the Guidelines prescribing norms and conditions for 
the conduct of "Eye Camps" are sufficiently comprehensive to ensure 
the protection of the patients who are generaly drawn from the poor and 
Jess affluent section of the society or whether any further guidelines are 
required to be evolved. 
(b) What relief, monetary or otherwise should be afforded to 
those who have suffered? 
Disposing of the Writ Petition, this Court, 
G 
HELD: Modern techniques in opthalmic surgery render cataract 
a minor operation. A cataract affected eye when properly operated is 
-')--· 
expected to become normal. The operation is meant to remove an 
obstruction to vision and restoration of normal eyesight. This implies 
that the eyes of patients selected for operation has the potential for 
restoration of sight. In the instant case, they have become totally blind 
H in the operated eyes. [247H; 248A-B] 
A.S. MlTIAL v. STATE OF U.P. 
243 
A mistake by a medical practitioner which no

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