Kerala High Court
Muhammed Sahid K.P vs State Of Kerala on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 12659 OF 2021
PETITIONER/S:
MUHAMMED SAHID K.P.
AGED 34 YEARS
S/O.ABDUL KHADER, POONDOOR HOUSE, NEKROJE, KASARGOD, PIN - 671 543.
BY ADVS.
JOSE ABRAHAM
N.RAGESH
E.ADITHYAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION (G) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 UNIVERSITY GRANTS COMMISSION- UGC
BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110 002 REPRESENTED BY ITS
SECRETARY.
3 THE UNIVERSITY OF CALICUT
REPRESENTED BY ITS REGISTRAR, THENHIPALAM, MALAPPURAM DISTRICT - 673
635.
4 THE MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR, P.D.HILLS P.O., ATHIRAMPUZHA, KOTTAYAM
- 695 121.
5 ADDL . REHABILITATION COUNCIL OF INDIA
SOUGHT TO BE IMPLEADED
6 ADDL.5. REHABILATION COUNCIL OF INDIA,
B-22, QUTAB INSTITUTION AREA, NEW DELHI - 110016, REPRESENTED BY ITS
CHAIRMA. ADDL. R5 IS IMPLEADED AS PER ORDER DATED 06.07.2021 IN IA
NO.1/2021 IN WPC NO. 12659/2021.
BY ADV SRI.S.KRISHNAMOORTHY, CGC
OTHER PRESENT:
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12659 OF 2021
2
JUDGMENT
Petitioner, a Psychologist and Trainer, has approached this Court
seeking the following reliefs:
i. To issue a writ of certiorari, any other writ, order or direction
to call for records leading to Ext.P4 and Ext.P5 and to set aside the
same.
ii. Issue a writ of mandamus or any other appropriate writ order
or direction declaring that 'Trained Psychologists' are to be
appointed to the Students Counselling Centers in the colleges.
iii. To issue a Writ of Mandamus or any other appropriate writ,
order or direction or command to the second respondent to
consider and pass an appropriate order on Ext.P6 representation
within a reasonable period after hearing the petitioner.
2. In support of the aforementioned prayers, it has been averred
that the petitioner has graduated in Psychology from Kannur
University and have Masters Degree in Applied Psychology from
Pondicherry Central University with specialization in clinical
Psychology. University Grants Commission had issued guidelines on
'Safety of Students on and off campuses of Higher Educational
Institutions' dated 8th March 2018, Ext.P1. As per the aforementioned
guidelines, there was a specific direction to all the 'Higher
Educational Institutions' to mandatorily put in place a 'students
counselling system' for the effective redressal of problems and
challenges faced by students.
3. Learned counsel for the petitioner submitted that even
WP(C) NO. 12659 OF 2021
though, the guidelines were issued by the UGC, no action was taken
by the Universities and in the meantime, one of the students had
written a letter to the Governor to appoint RCI (Rehabilitation
Council of India) Registered Clinical Psychologists at colleges
considering the psychological emergencies and alarming rise in
suicidal rates, Ext.P2.
4. Additional Chief Secretary to Government vide order dated
15.3.2021, Ext.P3 without considering Ext.P1 guidelines, directed all
the Registrar of all the Universities in Kerala to furnish report with
regard to Ext.P2 letter. As a follow up to the order issued by the
Additional Chief Secretary to Government, the Calicut University
issued an order directing to create Students Counselling center in all
esteemed universities and colleges affiliated to Calicut University with
RCI (Rehabilitation Council of India) Registered Clinical Psychologists.
Petitioner is not a registered clinical psychologists and the
aforementioned requirement is not necessary, in terms of guidelines
Ext.P1.
I have heard the learned counsel for the petitioner and appraised
the paper book and of the view that there is no force and merit in the
submission of the learned counsel for the petitioner. None of the
WP(C) NO. 12659 OF 2021
particulars of the petitioner being a trained Psychologist has been
placed on record as to whether he is a Registered Clinical
Psychologist. In this view of the matter, cannot espouse his grievance
by challenging the impugned communication of Additional Chief
Secretary mandating the requirement of Psychologist ie., to be a
Registered Clinical Psychologist. I do not find any justification in
interdicting the order impugned.
Writ petition is accordingly dismissed.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 12659 OF 2021
APPENDIX OF WP(C) 12659/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GUIDELINE DATED 8TH MARCH
2018 ISSUED BY UGC.
Exhibit P2 TRUE COPY OF THE LETTER ADDRESSED TO
GOVERNOR BY ONE MR ALBIN ELDOSE DATED
11/11/2020.
Exhibit P3 TRUE COPY OF THE ORDER ISSUED BY THE
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
DATED 15/03/2021.
Exhibit P4 TRUE COPY OF THE ORDER DATED 21/4/2021
ISSUED BY THE CALICUT UNIVERSITY DEPARTMENT
OF STUDENT WELFARE.
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE MG
UNIVERSITY DATED 16/05/2021.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
ADDRESSED TO THE ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT, GOVERNMENT OF KERALA.
