JAYAPRAKASAN.K.P Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, an Assistant Professor in the Department of Psychiatry in the Government Medical College, Thiruvananthapuram, challenges Exhibits P3 and P4, purportedly in public interest. Exhibit P3 is a Government Order dated 29.10.2011, creating two posts of Assistant Professors in Clinical Psychology in the Department of Psychiatry as a prelude to commencing a Clinical Psychology Course leading to M.Phil; as sanctioned by the Government of India. It was also specified that the above post will be filled up by promotion from among the Clinical Psychologists working under Medical Education Department who possess M.Phil or Ph.D in Clinical Psychology based on their seniority. In pursuance of Exhibit P3, Exhibit P4 has been issued promoting the respondents 3 and 4 to the said newly created posts.

(2.) THE contention of the petitioner in short is that the Rehabilitation Council of India constituted as per the Rehabilitation Council of India Act, 1992 for the purpose of recognizing the qualifications for rehabilitation professionals; granted by the Universities inside the country and abroad; for maintaining a register of such professionals and prescribing the minimum standards of education in the grant of rehabilitation qualifications, has brought out guidelines and Exhibits P3 and P4 are in violation of the same. Specifically the petitioner points out Exhibit P2 guidelines, wherein the qualification for an Assistant Professor is shown as M.Phil + 2 years teaching experience as Lecturer or as Clinical Psychologist in the Department of Clinical Psychology conducting M.Phil program + 2 research publications. The respondents 3 and 4, according to the petitioner, who were Clinical Psychologists in the Department of Psychiatry, were not at all involved as faculty members in the teaching stream and, hence, are disqualified from being appointed as such Assistant Professors. We immediately notice that the experience required is a Lecturer or Clinical Psychologist and there is no insistence on teaching experience alone.

(3.) LOOKING at Exhibit P3 itself, it is clear that out of the 6 posts of Clinical Psychologists in the department of Psychiatry under the Medical Education Department, 2 posts were earlier upgraded as Lecturer. The statement filed on behalf of the State disclose that both the respondents 3 and 4 have respectively 20 years and 10 years teaching experience in imparting teaching to MBBS students as Clinical Psychologists in the Department of Psychiatry. The contention of the petitioner that they were merely assisting the Psychiatrists and were never involved in teaching activities does not seem to be correct. In any event, it is borne out and squarely admitted that the respondents 3 and 4 were Clinical Psychologists, satisfying the requirement under Exhibit P2 guidelines.