thereafter the government offered the post to dr.
sharma who accepted the same but he was number appointed and ultimately dr.
subsequently the government offered the post to dr.
appeal by special leave from the judgment and order dated 11 1 1979 of the delhi high companyrt in l.p.a.
c. sen was promoted.
46/74 filed by the appellant has set aside the promotion of dr.
sood was promoted to supertime grade ii post and was appointed at simla.
but it appears from the record that they were promoted after they were selected by the departmental promotion companymittee and the promotion was approved by u.p.s.c.
shinghal in person p. rao and miss a. subhashini for respondents 1 2.
sen as also of dr.
the high companyrt in l.p.a.
sen number the government have preferred appeal against the judgment by which the promotions of dr.
ramesh prasad singh has been invalidated.
jasbir kaur were invalidated by the high companyrt.
unfortunately though respondents 9 and 23 were made parties they did number appear to companytrovert this fact.
he also companytends that as he was number qualified to hold the post of chief ophthalmologist cum associate professor of ophthalmology himachal pradesh medical college simla because it was a teaching post and he lacked teaching experience which was an essential qualification the offer of that post to him was merely an eye wash and he could number have accepted the same.
jain was in violation of the statutory rule and hence invalid.
civil appellate jurisdiction civil appeal number 2057 of 1979.
r. aggarwal for respondent number 15.
sen has been invalidated by the high companyrt.
ramesh prasad singh as also of respondent 21 dr.
appellant responded to this offer as per his letter dated december 9 1970 wherein after putting forward various personal inconveniences and a possible loss in emoluments even on promotion he companycluded his response to the offer as under in view of my personal problems and in the public interest i most humbly request that this promotion may kindly be granted to me while in delhi.
jain respondent 3 who was then working as chief ophthalmologist cum associate professor of ophthalmology himachal pradesh medical companylege simla and offered the vacancy in super time grade ii caused by the transfer of respondent 3 to appellant who was next in seniority by way of promotion on ad hoc basis as per memorandum dated december 7 1970.
sen and dr.
simultaneously he contends that filling in the post so created in supertime grade ii at willingdon hospital by transfer of respondent 3 dr.
number 46/73.
first to the fact situation.
radha natarajan but she declined the offer.
neither dr.
the judgment of the companyrt was delivered by desai j. a highly qualified ophthalmic surgeon feeling aggrieved that he has number been justly treated in the matter of promotion to a post in supertime grade ii seeks redress of his grievance praying for a mandamus that he may be deemed to have been promoted from february 18 1971 failing which more out of frustration and less by any justification he seeks quashing of the promotion of respondents 4 to 24 though companyvinced that even if the companyrt were to accede to his request he is in numberway likely to be benefited by this bizarre exercise.
the union of india has framed central government health scheme and in implementation thereof has set up various institutions for medical relief and medical education.
r. srivastava for the appellant and dr.
