Summarize the following court judgment. (Civil) No. 1247 of 1986. 244 (Under Article 32 of the Constitution of India). Ranji Thomas and T. Sridharan for the Petitioners. B.P. Beri	 B.R. Agarwala	 Miss Sushma Manchanda	 Miss A. Subhashini	 B.D. Sharma	 R.S. Yadav	 Yogeshwar Prasad	 Mrs. section Dikshit	 H.K. Puri and P. Paremeshwaran for the Respond ents. The following Order of the Court was delivered: ORDER The facts of this case are indeed	 distressing. The Lions Club	 Pottery Town at Khurja in Uttar Pradesh arranged and conducted	 as part of its social service programme	 an "Eye Camp" intended to extend facilities of expert Ophthal mic surgical services to the residents of the town. The Club invited Dr. R.M. Sahay of the Sahay Hospital	 Jaipur and his team of doctors to offer the surgical services. The Camp was arranged in 'Aggarwal Dharamshala ' at Novelty Road	 Khurja. Dr. R.M. Sahay and his team of doctors and para medical staff	 who arrived in Khurja on 21st April	 1986	 examined about 122 patients. One hundred and eight patients were operated upon	 88 of them for Cataract which	 with the modern advances in Ophthalmic Surgery	 is considered a relatively minor and low risk surgery. Dr. Sahay left Khurja that evening for Moradabad where he was scheduled to conduct similar operations at another "Eye Camp. " But the whole programme at Khurja	 however laudable the intentions with which it might have been launched	 proved a disastrous medical misadventure for the patients. The oper ated eyes of the patients were irreversibly damaged	 owing to a post operative infection of the Intra Ocular Cavities of the operated eyes. The doctors present at the Camp got in touch with Dr. Sahay at Moradabad and administered anti biotic medication	 both oral and local	 for the infection. Dr. Sahay returned on the 24th April and undertook himself some ameliorative treatment. But the operated eyes had been damaged completely. Similar mishap	 but on lesser scale affecting some 15 patients	 repeated itself at Moradabad. Some of the victims were later sent to and treated at Dr. Sahay 's Hospital at Jaipur. But their condition did not improve. It is now undisputed that this terrible medical mishap was due to common contaminating source. The suggestion in the Report of the 245 enquiries that ensued is that	 in all probability	 the source of the infection	 referred to as E coli infection of the intra ocular cavity	 was the "normal saline" used on the eyes at the time of surgery. Dr. Sahay who had himself brought all medicines and surgical instruments for use at the Camp claims to have purchased the Saline from a certain M/s. Mehtaad Company	 Jaipur on 22.3.1986 under Invoice No. 1533. The matter was brought before this Court in the form of a Public Interest Litigation under Article 32 by two social activists	 Shri A.S. Mittal and Shri Om Prakash Tapas	 acting on behalf of an organisation called 'Union for Welfare and Human Rights '. Originally	 the four respondents were the State of U.P.	 Dr. R.M. Sahay	 the Chief Medical Officer	 Buland Sahar District (U.P.) and the Lions Club of Pottery Town	 Khurja. However	 this Court by its order dated 26.9.1986 directed the Indian Medical Council and the Union of India to be impleaded as parties to the proceedings. All the respondents have filed their respective counter affida vits. In the Writ Petition	 the petitioners have made serious allegations about the very bona fides of	 and the intention behind	 the sponsoring of the iII fated 'eye camp ' and have alleged that motives of monetary gains by way of State and International subsidies. But no material is placed before the Court to substantiate this allegation. The prayers in the writ petition are that: the victims of this medical mishap be given expert rehabilitatory treatment and appro priate compensation; that Government do conduct a thorough investigation as to the conditions which rendered a medical misadventure of such a scale possible and evolve proper guide lines which will prevent recurrence of such tragedies; and that appropriate legal action be instituted against Dr. R.M. Sahay and his team and also against officers of the Government who	 according to allegations	 committed serious breaches of duty in sanctioning permission for the conduct of the 'eye camp ' without ensuring a strict compliance with the conditions prescribed in the Guidelines prescribed by the Government in that behalf and in not effectively dis charging the duties enjoined upon them to over see the satisfactory and safe functioning of the camp. At the directions of the Government of Uttar Pradesh	 the Deputy Director (Eye Treatment). conducted an inquiry into the happenings and his report and recommendations submitted to the Government are produced in the proceedings. Similarly	 the inquiry report dated 8.6.1986 conducted by Shri Shatrughan Singh	 Sub Divisional Magistrate	 Khurja as to the incident	 are also before the Court. We 246 have perused these reports and the counter affidavits and heard learned counsel. So far as the grievance in the Writ Petition of prosecutorial inaction on the part of the Government and the need to direct Government to initiate appropriate action against those responsible for the tragedy is concerned	 it was submitted before us that persuant to the results of the inquiries conducted by the Deputy Director (Eye Treatment) and the Sub Divisional Magistrate	 appropriate follow up action is contemplated by the Government against persons concerned and that	 indeed	 a criminal case has been regis tered against Dr. R.M. Sahay under Section 338 of the Indian Penal Code. It was	 however	 submitted on behalf of Dr. R.M. Sahay	 Respondent No. 2	 that we should abstain from saying any thing which might tend to pre judge merits of the prosecu tion. In his counteraffadivit	 Dr. Sahay says: "The police has registered a case u/s 338 of the Indian Penal Code	 against the Answering Respondent	 and he has been admitted to bail. Any process by which the answering respondent would be compelled to disclose	 in advance	 his defence at the criminal trial by replying to specific allegations in the Writ Petition would be violative of article 20(3) of the Con stitution of India	 in so far as it concerns the Answering Respondent. " Referring to the limited scope of the present proceed ings	 Dr. Sahay expresses the confidence: " . that in view of the noble objective of this kind litigation	 it will not in any manner be prejudicial to the answering re spondent. " We think we should accept the submission of the doctor and should abstain from pronouncing on the question of culpable rashness or negligence on the part of the doctors or others against whom separate action is either pending or contemplated. But there are some assumptions and Statements in counteraffidavit of Dr. Sahay that cannot be allowed to pass without comment. It is undisputed that out of those operated at Khurja	 at least 84 persons suffered permanent damage of the operated eyes. It is said 247 that about 15 similar cases occurred at the Moradabad 'Eye Camp '. Indeed	 in the course of his counter affidavit	 Dr. Sahay admitted the unfortunate event which he called a "Mishap": "The medical mishap at the Khurja Camp is the only one he has encountered in his entire extensive experience." "Despite all possible care MISHAPS cannot always be avoided in human errors because the error of one link in the entire chain may sometime result in a total failure. " But the doctor 's description of what happened to the victims is somewhat of an over simplification. As to the. devastation the almost universal post operative infection left behind in its trial	 the doctor says: "It is unfortunate that despite every care taken by the Answering Respondent and his associates and assistants a large number of patients could not regain their vision in the Khurja Camp." "It is extremely unfortunate that some 84 patients ' vision could not be restored despite every care bestowed by the answering respond ent and his associates and assistants." "The number of patients operated upon at Moradabad Camp for cataract were about 380 and the vision of about 10 of them could not be restored. A small percentage of failures is considered normal . . " (Emphasis supplied) We are afraid	 the doctor may not be justified in this description of the large scale and calamitous effects the operation had on the hapless victims. It is	 perhaps	 a euphemism to call the incident as one where "some 84 pa tients ' vision could not be restored. " These are not mere cases of eye sight of the patients not having been restored in the sense that the surgical operations conducted on them did not yield the desired result; or that no positive bene fit was derived by them from the surgery. But the picture is entirely different. It is not merely that the unfortunate patients did not derive any benefit from the surgery but were greatly worse of than they were before the surgery	 owing to the post operative intra ocular infection that damaged the operated eyes beyond redemption. Even according to Dr. Sahay the modern techni 248 ques 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 ob struction to vision and restoration of normal eye sight. This implies that the eyes of patients selected for opera tion had the potential for restoration of sight. In the present cases	 they have become totally blind in the operat ed eyes. Apart altogether from the causal connection between the widespread infection and medication or surgical procedures	 as the case may be	 applied or employed	 it is really undis puted that such a general and widespread post operative infection did occur. Referring to the medical management of the emerging crisis	 Dr. Sahay himself says: "It may be mentioned that on the morning of 22nd April	 1986	 Dr. R. Sekhri opened the bandage and suspected intra ocular infection and therefore commenced antibiotic treatment both local and oral. On the 22nd April	 Dr. Sekhri reached Moradabad for consultations. The Answering Respondent approved of the antibiotic medicines and sent Dr. M. Punjabi with additional supplies of medicines of Khurja. On 23.4.1986 both Dr. Sekhri and Dr. M. Punjabi gave anterior chamber wash and antibiotic medicines. At about midnight the answering respondent rushed by road to Khurja without any consideration for his personal comfort and commenced attending the patients. He washed anterior chambers performed vitrec tomy (removing the infected part) and adminis tered pain relieving medicines. The petition ers have inexactly described the doings as operation	 sedation and removal of Cornea. All this was done in the same room in which the earlier operations were performed. One of the points brought out in the petition is that the propaganda literature published by the Lions Club in relation to the camp was that allurements	 prohibited by medical ethics	 were held out to the patients with attrac tive slogans such as 'Get Operated and go home '	 'No re striction of food '	 'No bed rest '	 and 'No stitches to be removed ' etc.	 etc. It was alleged that the guidelines required a minimal institutional post operative care for few days under constant competent medical supervision and that in the present case the patients were allowed to go back immediately after the operations. Dr. Sahay 's affidavit	 in a way	 does not deny this kind of propaganda or lack of 249 institutional post operation care. Indeed	 some justifica tion is pleaded. Dr. Sahay says in his counter affidavit: "It is true that in the modern technique a cataract operation by Crye Micro Surgery System does not require 10 days immobility or liquid diet and the like	 because the modern sutures securely seal the operation incision and make it water tight. The sutures are seldom removed and the patient is	 in normal cases fit enough to move about within few hours of the operation. The Khurja Camp opera tions were conducted between the hours of about 11 A.M. to 6 P.M. with half an hour 's break. The 9 operation tables for three sur geons gave ample room and time for pre opera tion steps and post operative procedures. " How far the lack of intensive post operative institu tional care contributed to the infection or the aggravation of its effects is a matter which cannot be decided in these proceedings. These are technical matters for professional medical assessments. But the guidelines prescribed by Gov ernment do not prima facie	 seem to encourage such compla cence in regard to the imperatives of post operative care. The problems of the Ophthalmic Health Status of the Indian citizen are of a dimension causing an under standable concern. The very large number of cases of impairment of visual acuity in the country needs the purposeful involve ment of voluntary social organisations so as to provide an augmented	 broad based	 participatory medi care for the general improvement of the tone of ophthalmic health in the country. Government of India	 evolved a comprehensive policy and programme for control of blindness	 which	 amongst other things	 envisaged a programme for the promotion of eye care through 'eye camps ' organised by social and voluntary organ isations and to provide financial assistance to them. Our attention was drawn to the circular No. T. 12011/4/82/ OPTH dated 13.10.1982 issued by the Ministry of Health and Family Welfare to all the States and Union Terri tories	 laying down certain norms and guidelines for the conduct of such 'eye camps '. A copy of that circular is annexure 'R 1 ' to the counter affidavit dated 10.1.1987 filed on behalf of the State of U.P. Pursuant thereto	 on 18.4.1984 State Government issued appropriate directions to its officers and authorities for strict compliance with the guidelines issued by the Central Government. It is on the basis of these guidelines that permis 250 sion was accorded to the Lions Club to conduct the eye camp. The permission granted by Chief Medical Officer	 Buland Shahar on 21.4. 1986 says: "The Lions Club	 Pottery Town	 Institute/organisation is permitted to hold free eye camps applied with the specific condition that the camps will be organised in rural areas and supervised by Senior Ophthal mic Surgeon & the operation will be performed by the qualified Ophtalmic surgeon and staff and that competent ophthalmic Surgeon(s) would remain at the camp site throughout the duration of the camp till the last patient is discharged." 8. Though the events 	at the eye camp raise several questions of interest on the law as to professional negli gence	 we do not want to be understood as intending to record any findings on the conduct of Dr. R.M. Sahay and his team or the officers of U.P. Government who granted permis sion for the eye camp and who	 allegedly	 did not discharge their duties implicit in the guidelines issued by Govern ment. A mistake by a medical practitioner which no reasona bly competent and a careful practitioner would have commit ted is a negligent one. One of the questions that might arise in the appropriate forum is whether the doctors	 judged by the circumstances in which they were working	 made a mistake and if so whether such a mistake was negligent. A vast amount of legal literature concerns the concept of 'reasonable man ' in the Law of Torts. To some	 like Sir Allen Herbert	 he is "never a woman"; to some others 'an odious and insufferable creature who never makes a mistake '; and according to Lord Radcliff the parties would become disembodied spirits in whose place arises the idea of a reasonable man as the "anthropomorphic conception of jus tice. But the law recognises the dangers which are inherent in surgical operations. Mistakes will occur on occasions despite the exercise of reasonable skill and care. Jackson and Powell on 'Professional Negligence '	 (1982 Edn.) say: " . . In White vs Board of Governors of Westminister Hospital	 a surgeon accidentally cut the retina during an operation on the plaintiff 's right eye. As a result the eye became useless and had to be removed. Thompson J acquitted the surgeon of any negligence. He was working 251 within a very few millimeters and exercised due skill	 care and judgment . " (Page 232) But	 in a case where the plaintiff developed meningitis as a result of some infection in the apparatus used in the operation it was held that there must have been some negli gence by the hospital staff for which the hospital authority was responsible. (ibid para 6.53) But where the operation is a race against time	 the Court will make greater allowance for mistake on the part of the surgeon or his assistants	 taking into account the 'Risk benefit ' test. In Dr. Laxman Balakrishna Joshi vs Trimback Bapu Godbola	 A.I.R. 1969 S.C. 128	 Para 11	 this Court held: .lm "The duties which a doctor owes to his patient are clear. A person who holds himself out ready to give medical advice and treatment impliedly undertakes that he is possessed of skill and knowledge for the purpose. Such a person when consulted by a patient owes him certain duties	 viz.	 a duty of care in deciding whether to undertake the case	 a duty of care in deciding what treatment to give or a duty of care in the administration of that treatment. A breach of any of those duties gives a right of action for negligence to the patient. The practitioner must bring to his task a reasona ble degree of skill and knowledge and must exercise a rea sonable degree of care. Neither the very highest nor a very low degree of care and competence judged in the light of the particular circumstances of each case is what the law re quires: The doctor no doubt has a discretion in choosing treatment which he proposes to give to the patient and such discretion is relatively ampler in case of emergency . " Street on Torts (1983) (7th edn.) suggests that doctrine of Res Ipso Loquitur is attracted: " . . where an unexplained accident occurs from a thing under the control of the defend ant	 and medical or other experts evidence shows that such accidents would not happen if proper care were used	 there is at least evidence of negligence for a jury." (P. 126) Charlsworth & Percy on 'Negligence ' refer to a case where a 252 woman was placed in the same ward with another suspected of	 and later found to be suffering from	 puerperaI fever and as a result she got puerperal fever herself. The doctor was held negligent in not isolating her when the other case was suspected and in not taking steps to prevent her from being infected. (See P. 546). The explanation of the doctors appears to be that the infection occurred despite all precaution. Though it is not said so in so many words	 the drift of the explanation is that the saline	 used to irrigate the eyes during surgery to maintain turgidity of the operational surface	 which was purchased from a reputed manufacturer might be the source of the contamination. If that be so	 the question of the li ability of the manufacturer for what is called "product liability" and the further question whether in such cases of mass use	 a pre test for safety and purity of the article was necessary and whether failure to do so would be action able. These questions are necessarily to be answered on evidence. In these proceedings neither do we have full evidence nor does the scope of the proceedings permit such findings to be recorded conclusively. The aspects to which the present proceed ings are confined are: (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 generally drawn from the poorer and less affluent sec tion of society or whether any further guide lines would require to be evolved? (b) What relief	 monitary or otherwise	 should be afforded to those who have suffered? Re: Point (a): 11. After the institution of these proceedings Central Government	 in the wake of reports of mishaps in 'Eye Camps '	 constituted a Committee under the Chairmanship of the Union Health Minister with six State Health Ministers and four experts as members to re examine and update the existing guidelines or evolve fresh ones. As a result of the deliberations of the said Committee and pursuant to its recommendations	 the guidelines for conduct of eye camps earlier issued have been updated and revised. A copy of the Revised Guidelines issued on 253 9.2. 1988 by the Ministry of Health & Family Welfare vide their No. T. 12019/41/86 OPTH (Pt II) dated 9.2. 1988	 is filed before the Court. We have perused these guidelines which are sent to all the States for implementation. The Indian Medical Council	 after its impleadment in these proceedings also constituted a sub committee with Dr. P. Shiva Reddy and other members. The Committee deliberated on the issue and its recommendations in regard to the norms for the conduct and management of eye camps have been filed before this Court. We place record our appreciation of the assistance rendered by the Council. We have examined the revised guidelines issued on 9.2. 1988 by the Union Government and the recommendation of the subcommittee of the Indian Medical Council. The two sets of norms though evolved independently	 substantially cover all the important areas. We think that the Revised norms issued by the Union Government on 9.2.1988 arrived at after a careful study of all aspects of the problem are quite comprehensive. However	 we venture to suggest that some points made in the Report and Recommendation of the expert sub committee of the Indian Medical Council may be consid ered by the Union Government for incorporation in their Revised Guidelines dated 9.2.1988. The prescriptions re ferred to by the said sub committee of the Indian Medical Council at pages 4	5 and 10 respectively	 of the report are these: "Staff: The operations in the camp should only be performed by qualified	 experienced Oph thalmic Surgeons registered with Medical Council of India or any State Medical Council. The camp should not be used as a training ground for post graduate students	 and opera tive work should not be entrusted to post graduate students. " "There should be a pathologist to examine Urine	 blood	 sugar etc. It is preferable to have a Dentist to check the teeth for sepsis and a Physician for general medical check up." "Midication: (a) All medicines to be used should be of standard quality duly verified by the doctor in charge of the camp. " 254 These aspects are generally covered in the Government 's Revised Guidelines dated 9.2.1988. But	 for the sake of special emphasis keeping their importance in view the above aspects stressed in the Report of the Sub committee of the Indian Medical Council may be considered for incorporation in the Revised Guidelines of 9th February	 1988. We direct accordingly. '13. The necessity of maintenance of the highest stand ards of a septic and sterile conditions at places where Ophthalmic surgery or any surgery is conducted cannot be over emphasised. It is not merely on the formulation of the theoretical standards but really on the professional commit ment with which the prescriptions are implemented that the ultimate result rests. Government	 States and Union	 incur enormous expenditure of public money on health care	 But	 the standards of cleanliness and hygiene in public hospitals unfortunately	 leave greatly to be desired. The maintenance of steriles	 aseptic conditions in hospitals to prevent cross infections should be ordinary	 routine and minimal incidents of maintenance of hospitals. Purity of the drugs and medicines intended for man use would have to be ensued by prior tests and inspection. But	 owing to a general air of cynical irreverence towards values that has	 unfortunate ly	 developed and to the mood of complacence with the con tinuing deterioration of standards	 the very concept of standards and the imperatives of their observance tend to be impaired. This is a disturbing feature. The remedy lies in a ruthless adherence to the virtue of method and laying down practical procedures in the minutes of detail and by exact ing not merely expecting strict adherence to these proce dures. On point (a)	 we think that the Revised guidelines dated 9.2.1988	 with the suggested modifications	 can be held to be satisfactory. Re: Point (b): Pursuant to earlier orders of this Court	 each of the victims had been paid a sum of Rs.5	000.00 by the State Government by way of interim relief. Shri Ranji Thomas	 learned Counsel for the petitioners	 submitted that this was a wholly avoidable mishap and is entirely the result of the composite negligence on the part of the surgical team and the authorities of the U.P. Government	 who failed to ensure obedience to the norms. Learned counsel also sought to rest the right of the victims for damages on the footing that the persons who organised the 'eye camp ' were acting pursuant to and under the 255 authority of Government and that on the doctrine of the State action the activity must be reckoned as that of the State itself which must	 accordingly be held vicariously liable. In regard to the quantum of relief	 learned counsel submitted that the unfortunate victims had suffered irre versible damage of the eyes which has rendered them wholly incapacitated. We are afraid in the circumstances of this case	 the factual foundations laid before the Court and the limited scope of the proceedings no appeal could be made to the doctrine of State action. Shri Yogeshwar Prasad	 learned Senior Counsel appearing for the State of Uttar Pradesh	 submitted that the State would approach the matter not with the spirit of a litigant in any adversy action but would look upon the proceedings as a participatory exploration for relief to the victims. He further submitted that the State would indeed	 be willing to render help to the victims within the constraints of its resources. Indeed	 the factual foundations requisite for establish ing the proximate causal connection for the injury has yet to be established conclusively. These matters would have to be gone into in the criminal and other proceedings that may be pending or in the contemplation of the Government. However	 we think that on humanitarian consideration	 the victims should be afforded some monitary relief by the State Government. We direct that in addition to the sum of Rs.5	000	 already paid by way of interim relief	 the State Government shall pay a further sum of Rs. 12	500 to each to the victims. The victims entitled to receive the additional payment shall be the same as those who had the benefit of the interim relief of Rs.5	000. The amount shall be deposit ed	 as was done in the matter of distribution of interim relief	 with the District Judge who shall arrange to dis tribute the same in accordance with the procedure adopted at the time of administration of the interim relief. The depos it shall be made within two months from today and the Dis trict Judge shall ensure distribution within the next two months. We further direct that	 additionally	 if any of the Victims are	 otherwise	 eligible for any benefit of pension under any of the existing schemes now in force in the State	 their cases shall be considered for such benefit. The Legal Aid and Advice Board of U.P. State shall take up this issue and process the claims of the victims for such other bene fits under any of the existing Government schemes providing for aid to the aged	 the disabled	 and the destitute	 sub ject to the condi 256 tion that the victims otherwise satisfy the conditions of those schemes. We place on record the services rendered by the petitioners in espousing the cause of these unfortunate victims and prosecuting it with diligence. We direct the State of U.P. to pay their costs which is quantified at Rs.5	000. The Writ Petition is disposed of accordingly. Y.L. Petition disposed of.

Lions Club. Pottery Town	 Khurja (U.P.) actuated by the desire to provide relief and facilities of opthalmic surgi cal services particularly to the persons residing in rural areas	 suffering from eye troubles	 arranged and opened an "Eye Camp" at Khurja after obtaining necessary permission from the Chief Medical Officer	 Buland Sahar. In this con nection	 the Club invited Dr. R.M. Sahay of the Sahay Hospi tal at Jaipur and team of Doctors to do the surgical job. The Club published propaganda literature with attractive slogans	 e.g.	 'Get operated and 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 examined about 122 patients. One hundred and eight patients were operated upon	 88 of them for cataracts. Dr. Sahay left Khurja that evening for Moradabad where he was schedule to conduct another similar Eye Camp. It is unfortunate that the project which was opened for the good of the suffering people	 proved a disastrous medi cal mis adventure	 as the operated eyes of the patients were irreversibly damaged	 owing to a post operative infection of the intra Ocular Cavities of the operated eyes. and the eyes were completely damaged. Similar mishap happened at Morada bad also though on a lesser scale	 the number of affected persons being 15 only. To remove the infection that caused this damage. Doctors gave the necessary treatment but to no avail. 242 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 fides behind the sponsoring of iII fated 'eye camp ' and have alleged monetary gains on the part of the sponsors but the Court did not find any material to substan tiate the said allegation. The petitioners prayed that (i) the victims of this medical mishap be given expert rehabili tatory 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 appro priate legal action be instituted against Dr. Sahay and his team and other Government officials concerned. 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 proceed ings; (a) Whether the Guidelines prescribing norms and condi tions for the conduct of "Eye Camps" are sufflciently com prehensive to ensure the protection of the patients who are generally drawn from the poor and less affluent section of the society or whether any further guidelines are required to be evolved. (b) What relief	 monetary or otherwise should be afford ed to those who have suffered? Disposing of the Writ Petition	 this Court	 HELD: Modern techniques in opthalmic surgery render cataract a minor operation. A cataract affected eye when properly operated Is expected to become normal. The opera tion Is meant to remove an obstruction to vision and resto ration of normal eyesight	 This Implies that the eyes of patients selected for operation has the potential for resto ration of sight. In the Instant case	 they have become totally blind In the operated eyes	 [247H; 248A B] 243 A mistake by a medical practitioner which no reasonably competent and careful practitioner would have committed is a negligent one. [250D] One of the questions that might arise in the appropriate forum is whether the Doctors judged by the circumstances in which they were working made a mistake and if so whether such a mistake was negligent. [250D E] Law recognises the dangers which are inherent in surgi cal operation. Mistakes will occur on occasions despite the exercise of reasonable skill and care. [250G] Jackson and Powell on Professional Negligence	 1982 Edn. The necessity of the highest standards of aseptic ster ile conditions at places where opthalmic surgery or any surgery is conducted cannot be over emphasised. It is not merely on the formulation. of the theoretical standards but really on the professional commitments with which the pre scriptions are implemented that the ultimate result rests. [254B C] The factual foundations requisite for establishing the proximate causal connection for the injury has yet to be established conclusively. On humanitarian consideration	 the victims should be afforded some monetary relief by the State Government. In addition to the sum of Rs.5	000 already paid by way of interim relief	 the State Government shall pay a further sum of Rs. 12	500 to each of the victims. The vic tims entitled to receive the additional payment shall be the same as those who had the benefit of the interim relief of Rs.5	000. [255D F] That the Revised Guidelines dated 9.2.1988 with the suggested modifications can be held to be satisfactory. [254F] The Court abstained from pronouncing on the question of culpable rashness or negligence on the part of the Doctors or others against whom separate action is either pending or contemplated. [246G] Dr. Laxman Balakrishna Joshi vs Trimbak Bapu Godbols	 ; 	 Para 11 and Street on Torts	 [1983] (7th Edn.)	 referred to