Judgment

S. Saghir Ahmad, J.-Infringement of ‘Suspended Right to marry’ cannot be legally compensated by damages either in Torts or common law, in our answer to the problem raised in this appeal which is based on the peculiar facts of its own.

2. The appellant after obtaining the Degree of MBBS in 1987 from Jawaharlal Institute of Post Graduate Medical Education and Research, Chandigarh, completed his internship and junior residence at the same college. In June, 1990 he joined the Nagaland State Medical and Health Service as Assistant Surgeon Grade-I. Thereafter, the appellant joined the MD Pharmacology Course though he continued in the Nagaland State Service on the condition that he would resume his duties after com­pleting the MD Course. In September, 1991 the appellant joined the further Course of Diploma in Opthamalogy which he completed in April, 1993. In August, 1993 he resumed his duties in the Nagaland State Health Service as Assistant Surgeon Grade-I.

3. One Itokhu Yepthomi who was ailing from a disease which was provi­sionally diagnosed as Aortic Anuerism was advised to go to the ‘Z’ Hospital at Madras and the appellant was directed by the Government of Naga­­land to acc