The court's decision was influenced by the explanation provided in the counter affidavit, which demonstrated the measures taken to address the issues raised by the petitioner.

JUDGMENT :

S. MANIKUMAR, J.

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd to 4th respondents, (i) To provide Dialysis treatment in three shifts for 24 hours in 4th respondent hospital; (ii) To provide Dialysis treatment under the supervision of Nephrologists; (iii) To depute a Nephrologists and three dialysis technicians to attend the patients in every shift; (iv) To provide dialysis treatment to twenty patients per day; (v) To follow rules and regulation of Medical Council of India; (vi) To depute adequate number of staff and nurses in Nephrology Department; (vii) To improve the facilities and infrastructures in Nephrology Department; (viii) To maintain the electricity power without shut down problem in all departments of the 4th respondent Hospital.

1. Petitioner has sought for a Writ of Mandamus, directing the respondents 2 to 4, (i) To provide Dialysis treatment in three shifts for 24 hours in 4th respondent hospital; (ii) To provide Dialysis treatment under the supervision of Nephrologists; (iii) To depute a Nephrologists and three dialysis technicians to attend the patients in every shift; (iv) To provide dialysis treatment to twenty patients per day; (v) To follow rules and regulation of Medical Council of India; (vi) To depute adequate number of staff and nurses in Nephrology Department; (vii) To improve the facilities and infrastructures in Nephrology Department; (viii) To maintain the electricity power without shut down problem in all departments of the 4th respondent Hospital.

2. Supporting the prayer sought for petitioner has contended that three patients while taking dialysis treatment, died due to medical negligence in the 4th respondent Hospital, for the reason that there was no nephrologist and the technician did not attend the patients, when power shut down. In this regard, petitioner has sent a representation dated 28.03.2017, to the respondents. Since, there was no response, the petitioner has filed the instant writ petition, for the prayer, as stated supra.

3. Dean, Indira Gandhi Medical College and Research Institution, Puducherry/the 4th respondent herein, has filed the counter affidavit, wherein he has stated that remedial measures have been taken by the government, to solve the problem expressed by the petitioner. For brevity, counter affidavit dated 10.07.2017, is extracted hereunder:-

(i) Respondent No. 4 has submitted that, Perunthalaivar Kamaraj Medical College Society (PKMCS), a duly registered society under the Societies Registration Act, was floated by the Government of Puducherry in the year 2005, to impart free medical education in the Union Territory of Puducherry. The Memorandum of Association (MOA) and Rules and Regulations of the Medial College Society were framed by the Government, vide G.O.Ms. No. 30, dated 31.05.2005 of Health Secretariat, Puducherry and published in the part of the Extraordinary State Gazette No. 41, dated 06.06.2005. The Society is a separate entity whose powers are vested with the General Body and Governing Body of the Society. The Governing Body is empowered to take decisions according to the requirements of the Society and Institutions. The powers and functions of the Board (Governing Body) have been clearly spelt out in rule 12 of Rule and Regulations of Pondicherry Medical College Society (now PKMCS).

(ii) Respondent No. 4 has further submitted that, the PKMCS has started a Medical College known as Indira Gandhi Medical College and Research Institute (IGMC&RI) in the year 2010 with an intake of 150 students per annum. The Hospital attached to the College is presently having bed strength of 750. The College and Hospital was constructed at a cost of Rs. 277 crore including land cost.

(iii) Respondent No. 4 has further submitted that, the Dialysis Unit in IGMC&RI was started in the year 2015 with the direct supervision and guidance of Dr. K. Kumar, Nephrologist of Government Ge