1 OSWP-703-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 703 OF OF 2011 Maharashtra Government Nurses Federation ...Petitioner Versus The State of Maharashtra and ors. ...Respondents Ms.Meena H. Doshi for petitioner. Mr.M.D.Naik, AGP for Resp.nos.1 to 3. Mr.Vinod Joshi for Resp.no.4. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. August 20, 2011. P.C. 1. Heard Ms.Doshi, the learned counsel for the petitioner – Union. In this petition filed under Article 226 of the Constitution the petitioner – Union prays for quashing and setting aside the Circulars dated 30/11/2004, 28/2/2011 and 7/4/2011. The last impugned Circular was issued by the State Government during the pendency of this petition and, therefore, the petition was allowed to be amended. It appears that on 9th August 2004 the State Government issued a Circular for changing the 2 OSWP-703-2011 colour of the uniform worn by the nurses through out the State of Maharashtra and it was agreed to change the colour of uniform from white to camel. However, on 1st October 2004 the State Government issued another circular and stayed the operation of the earlier circular dated 9th August 2004. Writ Petition No.2562 of 2004 filed before this Court challenged the circular dated 9th August 2004. The petition was dismissed on 29/10/2004 and the statement of the learned counsel for the petitioner was recorded to the effect that the nurses would start wearing the new uniforms from 1st December 2004. The State of Maharashtra re- considered its policy decision and by the Circular dated 13th October 2005 confirmed the policy of change in uniform as was set out in the circular dated 9th August 2004. 2. More recently on 28th February 2011 the State Government issued another circular for change of colour of uniform to be worn by the nurses in all the establishments under the Medical Education Department and the colour was changed from camel colour to white colour. The said circular dated 28/2/2011 was sought to be challenged in this petition. However, the State Government issued another circular on 7th April 2004 so as to clarify that the nurses’ uniform was not limited to frocks and that the choice was left to the nursing staff to wear either frocks or white salwar 3 OSWP-703-2011 kameez or white saree. It is obvious from both these circulars dated 28/2/2011 and 7th April 2011 that the uniform of the nurses employed in the establishment under Public Health Department has remained of camel colour. 3. As far as the circular dated 7th April 2011 is concerned, Ms.Doshi, the learned counsel for the petitioner submitted that wearing a cap which has been made compulsory may cause not only discomfort but some health problems as well. She also pointed out that wearing of a belt may be appropriate for a nurse who has worn a frock but if a nurse is wearing either salwar kameez or a saree, wearing of belt should not be compulsory. This limited grievance regarding the cap and belt or any other similar issues are matters which could be sorted out in a joint meeting between the State Government and the representatives of the Nurses’ Unions / Federations. At the same time change of uniform from white to camel colour or from camel colour to white in respect of the nursing staff employed by the establishments under the Medical Education Department is an issue which falls in the realm of policy decision of the State Government. 4 OSWP-703-2011 4. We, therefore, direct the State of Maharashtra through the Principal Secretary in the Department of Medical Education to constitute a committee of three members and hear the unions / federations representing the nurses working all over the State of Maharashtra in various establishments under the Department of Medical Education and take appropriate decision on the basis of this committee’s recommendations in regard to the wearing of a cap as well as belt or any other connected issues. This exercise should be completed as expeditiously as possible and in any case before 31st December 2011. At the same time we make it clear that the status quo as of now in respect of the colour of uniform will be maintained in as much as the nurses who are wearing white colour or camel colour uniform will continue to wear the uniform of the same colour till 31st December 2011. The committee of three members be constituted within one week from today. We also clarify that we have not stayed the circular dated 7th April, 2011. 4. The petition is disposed off in terms of the above directions. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)