Judgment

MOHAN J. - Leave granted in SLP filed by Indian Medical Council, Jabalpur.

2. All these appeals are dealt with under a common judgment since they arise out of the same judgment passed in Misc. Petition No.4420 of 1991 by the Madhya Pradesh High Court, Jabalpur Bench.

3. One Dr. S. K. Nelson, father of respondent 1 was serving in Madhya Pradesh State Public Health in the Department of Surgery in the Medical College at Jabalpur. His wife, Dr. (Mrs.) Shobha Nelson was also working as a Lecturer in the Department of Obstetrics and Gynaecology in Medical College, in a purely temporary capacity.

4. Dr. Nelson applied for foreign assignment. He was selected for the same. Therefore, a request was made by the Government of India (Department of Personnel and Administrative Reforms) vide its letter dated 2nd of January, 1975 requesting the State Government to spare the services of Dr. S. K. Nelson for foreign assignment with Zanzibar Government. The Under Secretary to the Government of Madhya Pradesh, Department of Public Health and Family Planning replied on 15-4-1975 that it was not possible for the State Government to spare his services. However, Dr. Nelson proceeded on two months vac