- 1 - HC-KAR NC: 2025:KHC:24566 WP No. 17950 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 17950 OF 2025 (EDN-RES) BETWEEN: 1. MS. GAURI SHIVASHANKAR MULLERPATTAN D/O LATE M SHIVASHANKAR, AGED ABOUT 27 YEARS, RESIDING AT C12 NAVARATNA APARTMENTS, BANGALORE 560 055. …PETITIONER (BY SRI. NEERAJ SASTRY., ADVOCATE) AND: 1. NATIONAL INSTITUTE OF MENTAL HELATH AND NEURO- SCIENCES (NIMHANS) AN INSTITUTE RECOGNISED UNDER THE NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO- SCIENCES, BANGALORE ACT, 2012, HAVING ITS CENTRE AT HOSUR ROAD/MARIGOWDA ROAD (LAKKASANDRA, GARDEN), BENGALURU 560029 REPRESENTED BY DEAN AN CONTROLLER OF EXAMINATION …RESPONDENT (BY SRI. A MADHUSUDHANA RAO., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/CANCEL THE IMPUGNED SELECTION LIST DATED 12.06.2025 (ANNEXURE -F)RELEASED BY THE RESPONDENTS, ETC. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24566 WP No. 17950 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER The petitioner, through this writ petition, is challenging the, Selection List dated 12.06.2025 (Annexure-F) issued by the respondent-Institution inter-alia sought for direction to the respondent- Institution to publish a fresh Selection List in accordance with the eligibility criteria prescribed in the prospectus at Annexure-D, by re-considering the petitioner’s candidature for admission to the M.Phil in Clinical Psychology program for the academic year 2025. 2. Relevant facts for the adjudication of this writ petition are that, the petitioner has completed her degree in Bachelor of Arts in Christ University, Bangalore during 2016-2019 and thereafter, completed her Master of Science in Neuro- psychology - 3 - HC-KAR NC: 2025:KHC:24566 WP No. 17950 of 2025 from the same Institution during the year 2021-2023. The petitioner has made an application to the respondent-Institution seeking admission to M.Phil in Clinical-Psychology programs for the academic year 2025 (Annexure-A) and accordingly, the respondent- Institution issued admit card for Entrance Test as per Annexure-B. It is further stated in the writ petition that, the petitioner is a permanent domicile of State of Karnataka as per Annexure-C and as such, the petitioner is eligible to take examination for M.Phil in Clinical-Psychology. The petitioner has participated in the entrance exam and thereafter, the merit list has been announced as per Annexure-E. It is further contended in the writ petition that, the respondent- Institution ought to have issued the provisional Selection List before issuing the final Selection List at Annexure-F and the petitioner came to know that, the candidates who have secured lower marks than the - 4 - HC-KAR NC: 2025:KHC:24566 WP No. 17950 of 2025 petitioner under the same domicile category were included in the list ignoring the merit of the petitioner and feeling aggrieved by the same, the petitioner has made representation through Email dated 14.06.2025 (Annexure-G), requesting an explanation and review of her candidature and same is pending consideration before the respondent-Institution. It is the grievance of the petitioner that, the respondent-Institution has excluded the name of the petitioner from the Final List despite the petitioner fulfilling all the requisite criteria. Therefore, feeling aggrieved by the same, the petitioner has presented this writ petition. 3. I have heard Sri. Neeraj Sastry, learned counsel for the petitioner and Sri. A. Madhusudhana Rao, learned counsel for the respondent-Institution. 4. Sri. Neeraj Sastry, learned counsel for the petitioner invited the attention of the court to the - 5 - HC-KAR NC: 2025:KHC:24566 WP No. 17950 of 2025 Merit List produced at Annexure-E and submitted that, the petitioner is eligible for M.Phil in Clinical- psychology in the respondent-Institution and further argued that excluding the petitioner from the final Selection List for selection process would affect the career of the petitioner and that apart, the petitioner has made an application for M.Phil, in Clinical- Psychology and same is equivalent to the Neuro- Psychology, a specialized Department in the respondent-Institution. Hence, the learned counsel for the petitioner sought for interference of this court. It also argued by the learned counsel for the petitioner with regard to the mode of selection and the eligible qualification set out in the NIMHAN's PG Prospectus 2025-26 July Session, and contended that, the petitioner is eligible for admission to the M.Phil course and denying the same, amounts to arbitrariness on the part of the respondent-Institution. Emphasising on - 6 - HC-KAR NC: 2025:KHC:24566 WP No. 17950 of 2025 these aspects learned counsel for the petitioner submitted that on the previous occasion, the respondent-Institution has, relaxed the qualification insofar as both the course namely, Clinical-Psychology and Neuro-Psychology are concerned and therefore, a similar benefit be extended to the petitioner herein also. Hence he sought for interference of this court. 5. Per contra, Sri. A. Madhusudhana Rao, learned counsel for the respondent-Institution, at the threshold, submitted that, the question of equivalency of a course is purely in the domain of respondent- Institution and this court cannot exercise writ jurisdiction under Article 226 of Constitution of India to expand the ambit of prescribing qualification nor deciding equivalence of prescribed qualification in view of the judgment of the Hon'ble Supreme Court in the case of Shifana P.S. vs. State of Kerala and others reported in (2024) 8 SCC 309 and in the case of - 7 - HC-KAR NC: 2025:KHC:24566 WP No. 17950 of 2025 Unnikrishnan CV and others vs. Union of India and others reported in (2023) 18 SCC 546 and submitted that, this court cannot supplement its view with regard to the qualification enumerated in the prospectus. Accordingly, sought for dismissal of the writ petition. 6. It is further contended by the learned counsel for the respondent-Institution by referring to the Document No.1 produced by the petitioner in the memo dated 26.06.2025, wherein, it is stated that, being an applied discipline of psychology, the Master of Science (Neuro-Psychology) program has courses in both Clinical-Psychology and Neuro-psychology having similarity to an extent of 75% and therefore, submits that, such partial equivalence is insufficient to qualify the petitioner, hence, excluding the petitioner is valid. Accordingly, sought for dismissal of the writ petition. - 8 - HC-KAR NC: 2025:KHC:24566 WP No. 17950 of 2025 7. In the light of the submission made by the learned counsel appearing for the parties, the eligible qualification enumerated in the prospectus of the respondent-Institution produced at Annexure-D, would indicate in respect of M.Phil in Clinical-Psychology reads as under: M. Phil. in Clinical Psychology Department Clinical Psychology Eligible Qualification 2 years Master's Degree in Applied Psychology/ Clinical Psychology/ Counselling Psychology/ Psychological Counselling/ Psychology Minimum requirements for admission Other requirements a. Indian National Applicants who are permanent employees sponsored/ deputed by the State/ Central Government or Institutions/ Universities to pursue the above course can apply 'under sponsored category' b. Indian National Applicants who are domicile resident of Karnataka can also apply 'under Karnataka Domicile category' c. Foreign Nationals Applicants can apply 'under Foreign/sponsored category' 8. The mode of selection for M.Phil in the respondent-Institution is based on the Entrance Test - 9 - HC-KAR NC: 2025:KHC:24566 WP No. 17950 of 2025 + Verification of Original Certificates on the day of admission. Insofar as conduct of Entrance Test, and the pattern of Entrance Test, for all courses except Ph.D which provides that the selection will be based on merit in the Entrance Test. Undisputedly, the name of the petitioner finds place in the merit list of Entrance Test dated 06.06.2025 (Annexure-E). It is the case of the respondent-Institution that, the petitioner herein has no eligibility criteria in terms of the prospectus produced at Annexure-D, wherein, it is stated that the eligible criteria for M.Phil in Clinical- psychology, connotes, two years of Master's Degree in Applied Psychology/Clinical Psychology / Counseling Psychology/Physiological Counselling/ Psychology. In the backdrop of Document No.1 issued by the Christ Deemed University, Bangalore, wherein it is stated that discipline of psychology where the Master of Science (Neuro-Psychology) program has courses in - 10 - HC-KAR NC: 2025:KHC:24566 WP No. 17950 of 2025 both Clinical-Psychology and Neuro-Psychology sharing more than 75% similarity with the syllabus of Master of Science (Clinical-Psychology). In that view of the matter, I am of the view that, taking into consideration whether both the courses are equivalent or not cannot be adjudicated in this writ petition as it is a matter to be decided by the respondent- Institution which is competent to determine the academic equivalency. The said finding is based on the dictum of the Hon'ble Supreme Court referred to above. In that view of the matter, the petitioner herein does not have the eligible qualification as per Annexure-E. Accordingly, no interference is called for in this writ petition. Accordingly, the writ petition is dismissed. Pending application, if any, stands dismissed. SD/- (E.S.INDIRESH) JUDGE SB:List No.: 1 Sl No.: 84