1 Wp249-11 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 249 OF 2011 Nowrosjee Wadia Maternity Hospital & Anr. ... Petitioners. V/s. Medical Officer, F South Ward, Municipal Corporation of Greater Mumbai & Ors. ... Respondents. Mr. Mihir Desai for petitioners. Ms. K.R. Panjabi for respondent nos. 1 & 2. Ms. S.M. Dandekar, AGP., for respondent no.3. Mr. A.M. Sethna with Ms. Anamika Malhotra for respondent no. 4. CORAM : P.B.MAJMUDAR & A.A.SAYED, JJ. DATE : 8th FEBRUARY, 2011 P.C. The grievance of the petitioner is that the petitioner hospitals are finding it difficult to manage its affairs if 16 clerks in all are required to be sent for census duty. Mr. Desai, the learned counsel for the petitioners, submits that the hospitals are already having shortage of staff and since they are the largest hospitals having 100% occupancy, the Census Office may be directed not to requisition 16 clerks from the petitioner hospitals. Mr. Sethna, the learned counsel for respondent no. 4 as well as the learned counsel for the Corporation submit that the work in question can be over by 28.2.2011 which can be extended upto 5.3.2011 and if the concerned staff 2 Wp249-11 shows more quickness it can be over even before that. He submits that the work is urgent in nature. 2. During the course of the hearing, learned counsel for the petitioners submitted that alternatively lesser number of employees may be allowed to be sent for Census work so that the work of the hospitals also may not be paralyzed. However, the aspect about reducing the number of persons to be sent by the Hospitals, is left to the Court by Mr.Sethna as well as learned Counsel appearing for the Corporation. Considering the fact that the hospitals are having shortage of staff, the hospitals may send 10 Clerks for Census work. This order is passed in view of the fact that the hospitals in question are a maternity hospital and for children and is having 100% occupancy. In case the Census work is over earlier, the said staff will be sent back. It is clarified that the Census Authority shall not insist that particular persons should be sent for Census work and the hospitals are free to send 10 Clerks of their choice. However, preference should be given to the persons who have undergone training. 3. In view of what is stated above, the petition stands disposed of. 4. It is clarified that this order shall not be treated as precedent as it is passed considering the fact that the hospitals in question are having 100% occupancy and hospitals for pregnant ladies and children. (A.A.SAYED, J.) (P.B.MAJMUDAR, J.)