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Madras High CourtWMP/4474/2023allowed

Indumathi.R, v. The Medical Council Of India,

2023-02-28Honourable Mr Justice C.V. Karthikeyan3 pages

W.M.P.No.4474 of 2023 in W.P.No.499 of 2018 C.V.KARTHIKEYAN,J.

This writ miscellaneous petition has been filed, seeking to restore W.P.No.499 of 2018, which had been "dismissed for non-prosecution" on 23.04.2019.

2. The petitioner herein had joined Medical Course in the academic year 2008-2009 and had completed her first year on 17.08.2010 and second year on 20.03.2015. Thereafter, she did not turn up for further studies. After a long gap, she had applied for continuation of her break period. The application dated 05.10.2017, had been rejected. The writ petition has been filed, questioning that order.

3. However, since there was no appearance on the part of her counsel, the writ petition stood dismissed for non-prosecution.

4. The respondents had joined issue with the contentions raised by the petitioner and had filed their counter affidavit and also documents.

5. The learned counsel for the petitioner however, relies on Circular No.50 dated 14.03.2019 and claims that the petitioner is entitled for continuation of study. That is an arguable issue and therefore, I would restore the writ petition on file.

6. The writ miscellaneous petition stands allowed. 28.02.2023 (1/2) ata

C.V.KARTHIKEYAN,J.

ata W.M.P.No.4474 of 2023 in W.P.No.499 of 2018 28.02.2023 (1/2)