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eyes of some poor persons were operated by the doctors in mass cataract operation camp organized at the Govt. Hospital (Sub- Divisional Hospital), Dharmagarh in Kalahandi district. The said mass cataract operation was organized by JMJ Grace Vision Netralaya (for short, "GVN"), a non-government organization based in Sambalpur. Sixteen patients have lost their eyesight due to the alleged negligence of the doctors/authorities during the aforesaid mass cataract operation.

3. Mr. Prabir Kumar Das, an Advocate, who is also a Human Rights Activist, submitted that the present incident is the second incident in which 16 poor persons have lost their eyesight. During January 2007, 13 patients lost their eyesight after undergoing mass cataract operation in the District Headquarters Hospital, Bhawanipatna. The poor persons suffered from loss of eyesight and other ailments due to the negligence, carelessness and indifferent attitude of the doctors and authorities, who failed to ensure proper care during the mass cataract operation and its aftermath. The non-government organizations organizing such mass operations do not take proper care of the patients or educate them to ensure post-operation care. The poor and illiterate persons become victims because of lackadaisical approach of the non- government organizations as well as the authorities concerned, who put much emphasis only to achieve the target to create record and appropriate the grant/aid allocated for the purpose. The patients, who belong to poor and weaker sections of the society staying in rural areas are unable to incur expensive litigation to enforce their rights or to remedy the injustice caused to them. The sufferings of the poor victims were highlighted by the media. After operation, the only Co-ordinator was there but no doctor was available. Placing reliance on the judgment of this Court in the case of Registrar (Judl.), Orissa High Court, Cuttack v. State of Orissa , 2011 (I) OLR 443, Mr. Das prayed for granting compensation to the victims and prescribing the guidelines/directions to ensure safety of patients during mass operations.

4. The Chief District Medical Officer, Kalahandi in his affidavit dated 18.4.2011 submitted that National Programme for Control of Blindness (in short, 'NPCB') allowed Non-Government Organizations ( in short, 'NGOs') for providing eye care service. One NGO namely JMJ Grace Vision Netralaya, Sambalpur approached CDMO, Kalahandi as well as Collector, Kalahandi for according permission to conduct cataract surgical camp in Kalahandi district. Basing on the record of past successful performance of cataract surgery by surgeons of GVN, Sambalpur, the said NGO was allowed to conduct cataract surgical camp at S.D. Hospital, Dharmagarh from 9.9.2010 to 27.9.2010 vide order no.4249 dated 8.9.2010. A Memorandum of Understanding (in short, 'MoU') was signed accordingly. During the period from 16.9.2010 to 27.9.2010, the NGO GVN, Sambalpur with their own instruments and equipments and staff and in accordance with the terms and conditions enumerated in the MoU did operation of 1210 cases. Ophthalmic Surgeons posted at Headquarters Hospital, Bhawanipatna and Sub- Divisional Hospital, Dharmagarh were also instructed to visit/supervise the camp site. Dr. Jitendra Kumar Panda, Assistant Surgeon (Opth.), SDH, Dharamgarh initially detected 26 numbers of complicated cataract cases during the period when the GVN staff were not there to follow up and brought those cases to the notice of CDMO, Kalahandi on 22.11.2010 and thereafter the CDMO in consultation with the Collector, Kalahandi directed the said NGOs to shift the complicated cataract cases to LV Prasad Eye Institute, Patia, Bhubaneswar for treatment. Simultaneously, Ophthalmic Assistant posted at various Government Hospitals and Medical Officers, CHCs were requested for screening of all the operated cases at SDH, Dharamgarh camp during November, 2010 by convening an emergency meeting on 25.11.2010. Under the direct monitoring of District Administration, the concerned NGO shifted the cataract patients suffering from complications to LV Prasad Eye institute, Patia, Bhubaneswar phase wise on different dates between 23.11.2010 to 1.12.2010 for super specialist intervention. In total 34 numbers of complicated cases were detected. Basing on successful performance, the NGO was entrusted to conduct cataract surgical camp with a condition to ensure complete incident free camp with 100% efficacy. The CDMO, Kalahandi vide his Office Order deployed doctors on different dates for supervision of the Eye Camp and he himself visited the camp. The Sub- Collector, Dharmagarh-cum-Chairman RKS Sub-Divisional Hospital, Dharmagarh also visited the camp every single day. The NGO, GVN operated 1210 cases from 16.9.2010 to 27.9.2010 with their own instruments/equipments and staff as per conditions enumerated in the MoU. The Rogi Kalyan Samiti gave support by providing generators, water and food for patients, volunteer arrangements, mobilization of ASHA and Anganwadi workers for detection of cases, coordination of transportation of patients etc. Meticulous care was taken of the patients operated upon and detailed instructions were given to their attendants for prevention of post-operative complications and they were directed to attend the Post-operative check up from 1.11.2010 to 10.11.2010 which was scheduled to be conducted by GVN. As such the district administration on its part as per terms and conditions of MoU has taken maximum care for success of such Eye Camp and the allegation of not taking proper care, as stated in the writ petition by the petitioner is not true. Besides, pursuant to CDMO's letter No.1957 dated 16.04.2011, complicated ophthalmic cases, operated between 16.9.2010 to 27.9.2010 at Sub-Divisional Hospital, Dharmagarh, the patients had been shifted in a batch on 17.4.2011 and another batch was scheduled to be shifted on 19.4.2011 to MKCG Medical College & Hospital, Berhampur for examination and necessary treatment. As per the terms and conditions of the MoU signed between the District Blindness Control Society and GVN, Sambalpur on 8.9.2010, the onus/responsibility lies with the GVN, Sambalpur to provide well qualified doctors, equipment and also to take care of post operative follow up and as part of moral and overall responsibility the District Health care Administration through Rogi Kalyan Samiti, Dharmagarh, CDMO and his medical team extended all support for success of the Eye Camp.

9. On 15.09.2010, preliminary screening eye camps were held by the qualified Ophthalmic Assistants at different places of Dharamgarh Sub-Division. The said screening camps continued till 26.09.2010 in the said areas. In the Screening camps, the cataract patients having been identified and motivated for free cataract surgery with their respective consent, they were brought to SDH-Dharamgarh for further diagnosis on the same day and thereafter for cataract surgery on the next day for those who are found fit for such surgery. On the next date, the cataract surgeries were conducted at SDH-Dharamgarh by the qualified and experienced eye Surgeons with the assistance of trained para-medical staff of GVN, under strict monitoring and supervision of the medical and sub-Divisional authorities. The eye surgery camps were held with effect from 16.09.2010 to 25.09.2010 at SDH Hospital, Dharamgarh by JVN. Taking into consideration, the large number of cataract patients, the tenure of the camp was extended for another two days, i.e., till 27.09.2010, with due permission. The Specialist eye surgeons of GVN have conducted operations with much care and caution after proper diagnosis. As per Office Order No.4276 dated 09.09.2010 CDMO, Kalahandi, Dr.A.K.Mund, ADMO (Med.), Kalahandi, Dr.Lalishree Bhokta, Specialist in Ophthalmology, DHH, Bhawanipatna, Dr.Nivedita Sahoo, Specialist in Ophthalmology, DHH, Bhawanipatna and Dr.J.K.Panda, MS-Ophthalmologist (Assistant Surgeon) SDH-Dharamgarh have supervised the camp operations at the SDH-Dharamgarh on day-to-day basis in regard to sterilization standards, systems and procedures and allied post-operative activities.

15. In the instant case, as per the affidavit of CDMO, Kalahandi, the NGO-GVN, Sambalpur with their instruments, equipments and doctors operated upon 1210 cases in mass cataract operation camp. It is further stated by the CDMO that Ophthalmic Surgeons posted at Headquarters, Bhawanipatna and Sub-Divisional Hospital, Dharamgarh were also instructed to visit/supervise the camp site. Dr. Jitendra Kumar Panda, Assistant Surgeon (Opth.) SDH, Dharamgarh initially detected 26 numbers of complicated cataract cases during the period when the staff of JVN were not there for follow up and brought those cases to the notice of CDMO, Kalahandi on 22.11.2010 and thereafter the CDMO, Kalahandi in due consultation with the Collector, Kalahandi directed the NGO-GVN, Sambalpur to shift the complicated cataract cases to L.V. Prasad Eye Institute, Patia, Bhubaneswar for further treatment. Simultaneously, Ophthalmic Assistants posted at various Government Hospitals and Medical Officers, CHCs were requested for screening of all the operated cases at SDH, Dharamgarh camp during November 2010 by convening an emergency meeting on 25.11.2010. The concerned NGO shifted the cataract patients to L.V. Prasad Eye Institute, Patia, Bhubaneswar phase wise on different dates between 23.11.2010 and 01.12.2010 for super specialist intervention. In total cases of 34 complicated patients were detected. The CDMO, Kalahandi in his affidavit further stated that vide his Office Order, he deployed doctors on different dates for supervision of the Eye Camp and he himself visited the camp. The Sub-Collector, Dharamgarh-cum-Chairman, RKS Sub- Divisional Hospital, Dharamgarh visited the camp every single day. The NGO-GVN operated 1210 cataract cases from 16.9.2010 to 27.9.2010. Thus, within a period of 11 days 1210 persons were operated. The number of doctors employed are not adequate to operate 1210 persons successfully within such short span of time. As it appears, the operations were conducted hastily. Neither the NGO-GVN nor the District Administration took any step to prevent taking up cataract operations in such a haste manner. In a haste, there is every chance of unsuccessful operation, more particularly the eye operation. Both the District Administration and the NGO should have kept in their mind that in case of failure of eye operation, it would result in blindness of the person and ultimately the person would lose the source of his bread and butter.