IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 16749 of 2010(P) -------------------------- PETITIONER(S): --------------- SMITHA JOSE, VARIYANIYIL, KOOLARANHI P.O., CALICUT. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 3. THE DIRECTOR, SCHOOL OF DISTANCE EDUCATION, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 4. THE COURSE CO-ORDINATOR, M.PHIL DEGREE IN CLINICAL PSYCHOLOGY, CLINICAL PSYCHOLOGIST, MENTAL HEALTH CENTRE, THIRUVANANTHAPURAM. 5. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 6. THE SUPERINTENDENT, MENTAL HEALTH CENTRE, THIRUVANANTHAPURAM. MR.T.A.SHAJI -SC FOR MG UNIVERSITY. MR. P.NARAYANAN – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.16749 OF 2010 ------------------------------- Dated this the 17th day of JUNE, 2010 J U D G M E N T The petitioner obtained admission to M.Phil degree course in Clinical Psychology under the School of Distance Education of M.G. University in the year 2006. But the University could not start the course, since the first respondent withdrew the permission for conducting the course at Mental Health Centre, Thiruvananthapuram, where only the clinical classes for the course can be conducted. The petitioner filed W.P.(C)No.31303 of 2007, which was disposed of by judgment dated 14.12.2007 directing the University to take a decision in the matter within six weeks. Since no action was taken by the Government, the petitioner again approached this Court by filing W.P.(C) No.4855/2008, which was disposed of by this Court by Ext.P10 judgment with a direction to the first respondent to take a decision within six weeks. Thereupon, the first respondent passed Ext.P11 order, which was challenged by the petitioner in W.P.(c)No.16749/10 2 W.P.(C)No.13360/08 and this court quashed Ext.P11 order and directed the Government to take a decision in the light of the observations contained in the judgment. Thereafter, by Ext.P12 order, the Government has agreed to extend the facilities for clinical classes for the said course in the Mental Health Centre, Thiruvananthapuram, to the School of Distance Education, M.G.University. Although Ext.P12 order was passed as early as on 1.2.2010, till day no steps have been taken by the respondents to commence the classes, is the grievance of the petitioner in this writ petition. Therefore, the petitioner seeks the following reliefs: “i)issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 5 to forthwith commence the classes for M.Phil Degree course in Clinical Psychology at Mental Health Centre, Thiruvananthapuram, for which the petitioner was admitted, and complete the Course in accordance with the law. ii)To declare that the respondents 2 to 5 are legally bound to commence the classes for M.Phil Degree Course in Clinical Psychology by using the facilities in Mental Health Centre, Thrivananthapuram in accordance with Ext.P-12 and compete the course in accordance with law” 2. I have heard the learned Standing Counsel for the University also. The learned Standing Counsel for the University submits that on 5.6.2010 the Syndicate of the W.P.(c)No.16749/10 3 University has taken a decision to start the classes for this batch only shortly, and that the course would be discontinued thereafter. But he submits that for completing the formalities for starting the course, some more time would be required and the Registrar has been authorised to initiate further steps for the same. Having heard both sides, I dispose of this writ petition with a direction to the second respondent to see that the classes for the course for which the petitioner has secured admission be started within six weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.16749/10 4 W.P.(c)No.16749/10 5