BMC counsel P V Naik told the Bombay High Court on Monday that advertisements for the posts had been made in the local newspapers on January 2, 1999. A division bench of Acting Chief Justice Ashok Agarwal and Justice A P Shah was hearing a petition filed by Rajendra Thacker who contended that Mishra had died of bullet wounds at the Bhagwati Hospital allegedly because there was no anaesthetist to assist the senior surgeon in an operation. Mishra was shot at 5.40 am on August 26, 1998 and succumbed to his wounds by 7.30 am. His death had led to manhandling of the hospital staff by BJP activists. In his affidavit Dmc M B Sahasrabuddhe denied that Mishra's death was caused by negligence on the part of the municipal hospital. He quoted theinquiry report into the circumstances of Mishra's death conducted by Dr Y N More which had concluded that prompt and necessary treatment had been meted out to the patient.

More's report, produced before the court, held that the injury to the patient was so severe that even a round of 2800 cc of blood in the abdomen and resuscitative measures adopted could not bring up the blood pressure to a level where surgery could be performed under proper anaesthesia.

Sahasrabuddhe, however, admitted to the absence of a resident anaesthetist in the hospital and informed the court about the ad. Pending the finalisation of the appointments, services of private local aneasthetists have been engaged to give anaesthestisia to the patients, he added. The bench directed the hospital to have its own aneasthetist not later than six months from now and disposed off the petition.