IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 13360 of 2008(M) -------------------------------------- PETITIONER(S): ---------------------- SMITHA JOSE, VARIYANIYIL, KOOLARANHI P.O., CALICUT. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MAHATMA GANDHI UNIVERSITY, REP.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. R1 & R5 BY GOVERNMENT PLEADER SMT.N. SUDHA DEVI R2 & R3 BY ADV. MR.T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 13360/2008-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGULATIONS ISSUED BY THE 3RD RESPONDENT RELATING TO THE M.PHIL DEGREE COURSE IN CLINICAL PSYCHOLOGY. EXT.P2: COPY OF THE M.A. DEGREE CERTIFICATE OF THE PETITIONER. EXT.P3: COPY OF THE NOTIFICATION DATED 16/06/2006 PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 24/06/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO DIFFERENT COURSES FOR 2006-07. EXT.P5: COPY OF THE QUESTION PAPER FOR THE FIRST SESSIONAL EXAMINATION HELD ON 27/12/2006. EXT.P6: COPY OF THE COMMUNICATION DATED 29/08/2006 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE COMMUNICATION DATED 22/12/2006 ISSUED BY THE 1ST RESPONDENT. EXT.P8: COPY OF THE COMMUNICATION DATED 09/07/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE COUNTER AFFIDAVIT FILED BY RESPONDENTS 2 & 3 IN W.P.(C). NO. 31303/2007 BEFORE THIS HONOURABLE COURT. EXT.P10: COPY OF THE LETTER DTED 17/01/2008 ISSUED BY THE 3RD RESPONDENT. EXT.P11: COPY OF THE COMMUNICATION DATED 18/07/2006 ISSUED BY THE 6TH RESPONDENT. EXT.P12: COPY OF THE JUDGMENT DATED 03/03/2008 IN W.P.(C). NO. 4855/2008 OF THIS HONOURABLE COURT. EXT.P13: COPY OF THE ORDER DATED 15/04/2008 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ---------------------------- W.P.(C).No.13360 of 2008 ---------------------------- Dated this the 1st day of April, 2009. JUDGMENT The petitioner applied for M.Phil (Clinical Psychology) Degree course offered by the School of Distance Education, Mahamta Gandhi University. Exts.P3 and P4 prospectus issued by the School of Distance Education and the admission notification of 2006-07 show that the course is contemplated as a direct programme of the School of Distance Education. It further shows that the course is to be conducted in the Mental Health Centre at Thiruvananthapuram. It seems that the University had conducted a written test and interview and it further seems that a Memorandum of Understanding was to be arrived at between the Government and the University. But the Government did not permit such facilities in the Mental Health centre to be availed of by the University and this led to a writ petition, W.P.(C)No.31303/07. It may be noted that in principle approval had already been granted by the W.P.(C).No.13360 of 2008 :: 2 :: Government. Therefore, the course was started. But, later as evidenced by Ext.P7, the Government intimated the Director of Health Services that till the Memorandum of Understanding to be entered into between the Government and the University is approved by the Government the course be stopped. It was challenged in W.P.(C)No.31303/07. 2. The University filed a counter affidavit pointing out that it has no objection to enter into a Memorandum of Understanding and that it has no objection to the course being continued to be conducted at the Mental Health Centre. The Government was directed to take a fresh decision in the matter. In the meanwhile, the Superintendent of the Mental Health Centre appraised the Government Secretary vide Ext.P11 as follows: "Distance Education, Mahatma Gandhi University has requested to extend the facilities of our centre for the conduct of M.Phil Clinical Psychology Programme. This would be beneficial for the institution. Now this centre has only 2 clinical psychologists. This is grossly inadequate to W.P.(C).No.13360 of 2008 :: 3 :: provide services to be inpatients of this 507 bedded hospital. The trained manpower of 12 clinical psychology trainees per year will be made available from this programme. This will facilitate better psychosocial therapeutic services to be outpatient and inpatient departments of this centre. There is a possibility of getting fund from this course for the infrastructural development of the institution. Providing facilities to this programme will no way cause financial liability to the Government. In this background, I request you to kindly issue orders for granting permission to use the facilities to the conduct of this programme." 3. In the meanwhile, the University took a decision to continue the course in the TMA Institute for Counselling, Amalagiri, Kottayam. This was again challenged by the petitioner in W.P.(C)No.4855/08, which was disposed of requiring the Government to take a decision on Ext.P9 representation pending before the Government. The Government took a decision, as evidenced by Ext.P13, stating W.P.(C).No.13360 of 2008 :: 4 :: that the Government had granted, in principle, approval to use the facilities of Mental Health Centre, Thiruvananthapuram on condition that Memorandum of Understanding between the Government and the MG University should be signed before starting the course. Since the conditions were not fulfilled, the Government was compelled to take a different view and to withdraw the approval. Ext.P13 has been challenged in this writ petition, praying for the following reliefs: "i) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext.P13 and quashing the same. ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to conduct the classes for M.Phil Degree Course in Clinical Psychology at Mental Health Centre, Thiruvananthapuram, for which the petitioner was admitted pursuant to Exts.P3 and P4, and complete the Course in accordance with the schedule fixed in Ext.P4 prospectus. iii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to grant required permission to respondents 2, 3 and 4 for completing the M.Phil Degree Course in W.P.(C).No.13360 of 2008 :: 5 :: Clinical Psychology at Mental Health Centre, Thiruvananthapuram in accordance with Exts.P3 and P4. iv) and grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case including costs." 4. A counter affidavit has been filed by the University. Paragraph 10 of the same reads as follows: "The University has not violated the constitutional provisions in Article 14 and 21 for the following grounds: 1. There is no objection from the part of the university in conducting the course and examinations thereof at the Mental Health Centre, Thiruvananthapuram and the course was stopped not by any University order. 2. If the Government so desire, the University is willing to enter a Memorandum of Understanding with the Government for the smooth conduct of the course. A draft of MOU is prepared and put up for approval of the government. 3. If the Government permits so, the university has no objection in conducting the course at Mental Health Centre, Thiruvananthapuram . 4. There is no lapse from the part of the University in conducting the course and examinations thereof. W.P.(C).No.13360 of 2008 :: 6 :: 5. TMAIC, Amalagiri has been selected as the venue of restarting M.Phil (Clinical Psychology) programme only as an alternative arrangement, as government had withdrawn permission to conduct the programme at the Mental Health Centre, Thiruvananthapuram." 5. Though the Government has not filed a counter affidavit, Government Pleader has instructions that the Government has withdrawn the approval, firstly because a Memorandum of Understanding has not been drawn up between the Government and the University. Secondly, the facilities at the Mental Health Centre, Thiruvananthapuram is inadequate for conducting the course of M.Phil in Clinical Psychology. Thirdly, there is no Clinical Psychology Department in the Mental Health Centre and fourthly prior approval of the Rehabilitation Council of India is necessary before the University conducts a course of M.Phil in Clinical Psychology. 6. I heard Mr.Elvin Peter, learned counsel for the petitioner, Smt.Sudhadevi, learned Government Pleader and Sri.T.A.Shaji, learned counsel for the M.G.University. W.P.(C).No.13360 of 2008 :: 7 :: 7. Ext.P11 letter sent by the Superintendent of the Mental Health Centre has already been referred to. If one of the objections that stands in the way of the Government in giving approval to the conduct of M.Phil in Clinical Psychology by the School of Distance Education, M.G.University is the absence of a MOU, then the same could be remedied in the light of the willingness of the University to enter into Memorandum of Understanding, as stated in the counter affidavit. Absence of a separate department in Clinical Psychology in the Mental Health Centre may not be of much consequence in the present case, because the University has only proposed user of the facilities in the Mental Health Centre for conducting the course. It is up to the University to provide a department and faculties. Absence of adequate number of clinicl psychologists in the Mental Health Centre may not be a relevant factor, because University is to provide the staff as per the University Act and the First Statutes. Prior permission of the Rehabilitation Council is also a requirement, provided, W.P.(C).No.13360 of 2008 :: 8 :: the conditions are to be satisfied by the University itself. Insofar as the Government is concerned, its role is to give an approval to the facilities in the Mental Health Centre to the school of Distance Education, M.G.University for imparting a course of M.Phil (Clinical Psychology). Clinical Psychologists are a group of professionals, whose services will be required in large numbers. The Government should extend its hands to see that practical training is afforded to the students, who are offered such course. Technical considerations should not stand in the way of the Government in taking a decision in this regard. The reasons given in Ext.P13 are neither compelling nor convincing. In the result, the writ petition is allowed. Ext.P13 is quashed. First respondent is directed to take a decision in the matter, as already directed in Ext.P12 judgment and in the light of the observations made in this judgment, and keeping in mind the undertaking given by the University before this court and extracted in paragraph 4 above. This shall be done W.P.(C).No.13360 of 2008 :: 9 :: within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioner and a representative of the University. Sd/- (V.GIRI) JUDGE sk/ //true copy//