K.R. SHRIRAM, J.

1 By this petition, the petitioner is attributing direct negligence on the part of the respondents regarding the performance of respondents' duties, which, according to the petitioner was the proximate cause for losing the fingers of his right hand.

The petitioner, therefore, is praying for (a) direction to the respondents to take action against the employees, agents and doctors responsible for the condition of the petitioner, (b) direction to the respondents to provide to the petitioner employment and (c) direction to the respondents to pay to the petitioner a sum of Rs.10 lakhs as compensation.

2 The facts in brief are as under :-

On 1st October, 2002 around 0.55 A.M., pursuant to an attack of convulsion, the petitioner, who at the time the petition was filed was about 21/22 years of age, was admitted in Medical Unit-III of Rajawadi Hospital under Dr. S.R. Oraskar, Senior Honorary Physician. The respondent no.2, i.e., Bombay Municipal Corporation, has established and runs that hospital. Respondent no.1 is the Dean of that hospital.

Immediately on admission of the petitioner, an intravenous line was started on his right hand peripheral vein and included injections, i.e., Eptoin 600 mg. in Dextrose Saline as loading dose, IV 25% Glucose 100 cc., Injection Ranitidine, Injection Ampelox, Injection Mannitol 100 ml. and Injection Dexa and other I.V. Fluids of which Mannitol is known to cause osmotic injury and Phenytoin an irritant injury, on extravasation. These injuries would happen if the intravenous fluids flowed out of the vein.

3. On 2nd October, 2002, the Lecturer on duty noticed swelling of the right hand and forearm and I.V. line on the right hand side was changed to the other hand.

On 3rd October, 2002, discoloration of the skin of right hand and forearm was noticed. Treatment in that regard was started with limb elevation.

On 4th October, 2002, blackening of the fingers were seen and there was no active fingers movements and on 5th October, 2002 when the doctors took their rounds at 8.45 a.m. it was noted that the petitioner was developing gangrene of right arm. Later, on the same day, it was noted that the petitioner had no sensation in his fingers but it was also noted that no active surgical intervention was required till line of demarcation formed.

On 7th October, 2002, line of demarcation was formed between gangrenous and normal part of finger of right hand. On the same day it is noted that the patient was advised amputation of finger by the Orthopaedic Lecturer.

On 22nd October, 2002 after a gap of more than two weeks, the consent of the petitioner's relatives for amputation of right hand fingers and thumb was obtained and on the same day amputation of right hand fingers of the petitioner was done. The petitioner was discharged from the hospital, as per the record, against medical advice on 25th October, 2002 and the petitioner continued to attend the out patient department of the hospital after his discharge.

4. The case of the petitioner is that the fingers of his right hand were amputated because of the negligence of the doctors and the nurses, who were treating him in the hospital. After the petitioner served notice dated 22nd November, 2002 on the hospital, an inquiry committee consisting of four doctors, viz., Dr.M.E. Yeolekar, Dean L.T. Medical College and Sion Hospital, Dr. Avinash Supe, Professor of Surgery, KEM Hospital, Dr. N.K. Hase, Professor of Medicine, Sion Hospital and Dr. Aseem Parekh, Professor of Orthopedics, Nair Hospital was constituted. On 15th February, 2003, the inquiry committee submitted its report dated 11th February, 2003. A copy of the report has been placed on record with an affidavit in reply of one Vikramaditya B. Shukla, the Medical Superintendent of Rajawadi Hospital, in the employment of respondent no.1, affirmed on 7th March, 2003.

5. From the inquiry report and the medical reports which are placed on record, it appears that when the petitioner was admitted into