*y/l Ife-. APHC010519802024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27007 OF 2024 Between: Andhra Pradesh Association of Clinical Psychologists (APACP) registered under the AP Societies Registration Act, 2001, bearing Reg.No.l35/2021, rep by its President, Dr. Srinivasa Rao Kutala, S/o. late K.Venkata Kotaiah, Aged 37 years, R/o. Near Venugopala Swami temple, Durgi (PO), Palnadu District. J 7 ...Petitioner AND 1. The Union of India, Ministry of Social Justice and Empowerment, rep by its Secretary, 2nd Floor, C-Wing, Sastri Bhavan, New Delhi-110001. 2. The Rehabilitation Council of India, (A statutory body under the MoSJE) rep by its Chairman, B-22, Qutub Institutional area. New Delhi-110016. 3. The State of Andhra Pradesh, rep by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Velagapudi, Guntur District. 4. State Mental Health Authority Andhra Pradesh, rep by its Chief Executive Officer, O/o. Directorate of Medical Education, Government Hospital Premises, Hanumanpet, Vijayawada. 5. The Directorate of Medical Education, rep by its Director, Old Government Hospital Premises, Hanumanpet, Vijayawada. Old 6. The Commissionerate of HM and FW, rep by its Commissioner, 5th Floor, APIIC Towers, Mangalagiri, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased to issue a writ, order or direction more particularly one in the Nature of a Writ of Mandamus declaring the Rule 24 (2), Chapter VI of the Mental Flealthcare ( Andhra Pradesh State Mental Ftealth Authority ) Rules, 2022 (G.O.Ms.No. 133, Flealth, Medical and Family Welfare (B2) Department, r ^ dated 16.06.2022) to the extent of or any psychologist who has completed a degree or a Diploma in mental health conducted by Institute of National Importance shall be recognized as a Clinical Psychologist when employed in Government Service for the purpose of act. as arbitrary, illegal, ultra vires the Mental Flealthcare Act, 2017, provisions of the Rehabilitation Council of India, Act, 1992 and contrary to Andhra Pradesh Medical Education Rules and to consequently to strike down the same. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to stay all further proceedings consequent to Rc.No.FIMF02/7/21-PLG-DME (C No: 1460166), dated 26.02.2024 pending disposal of the above writ petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI BALAJI MEDAMALLI Counsel for the Respondent Nos. 1 and 2: SRI S K SRI KRISHNA YESASWI APPEARING VICE DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos. 3 to 6: SRI ADDL ADVOCATE GENERAL The Court made the following order: / APHC010519802024 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-: > Lj [3483] AT AMARAVATI WRIT PETITION NO: 27007 of 2024 Andhra Pradesh Association of Clinical Psychologists (APACP) ...Petitioner Vs. The Union of India and others ...Respondents ********** Advocate for Petitioner : Mr. Balaji Medamalli ; Mr. S. K. Srikrishna Yesaswi appearing vice Deputy Solicitor General of India Addl. Advocate General Advocates for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE Per DHIRAJ SINGH THAKUR (CJ): The petitioner challenges Rule 24(2) of the “Mental Healthcare (Andhra Pradesh State Mental Health Authority) Rules, 2022, (in short, ‘the Rules, 2022’) to the extent it additionally envisages the qualification of “degree diploma in Mental Health from an Institute of National Importance for the post of ‘Clinical Psychologist”’. or Rule 24(2) of the Rules, 2022, is reproduced herein below: (2). "Clinical psychologist means a person-(i) having a recognised qualification in Clinical Psychology from an institution 2 HCJ & RCJ W.P.No.27007 of 2024 approved and recognised, by the Rehabilitation Council of India, constituted under section 3 of the Rehabilitation Council of India Act, 1992; or (ii) having a Post-Graduate degree in Psychology or Clinical Psychology or Applied Psychology and a Master of Philosophy In Clinical Psychology or Medical and Social Psychology obtained after completion of a full time course of two years which Includes supervised clinical training from any University recognised by the University Grants Commission established under the University Grants Commission Act, 1956 and approved and recognised by the Rehabilitation Council of India Act, 1992 Rehabilitation Council of India Act, 1992 or any psychologist who has completed a degree or a Diploma in mental health conducted by Institute of National Importance shall be recognised as a Clinical Psychologist when employed in Government Service for the purpose of act ’’ The highlighted portion of the Rule is what is under challenge in the present petition. The argument is that the State did not have any authority or power to prescribe the qualification for the post of ‘Clinical Psychologist’ and that the same could have been prescribed only by the Rehabilitation Council of India in terms of the Rehabilitation Council of India Act, 1992. 2. Briefly stated the material facts are as under: 3. The Mental Healthcare Act. 2017, (in short, ‘the Act, 2017’) was enacted with a view to provide mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental healthcare and services. This was necessitated on account of India signing and ratifying ‘the Convention on Rights of Persons with I 3 HCJ & RCJ W.P.No.27007 of 2024 M th Disabilities’, which was adopted on 13 Nations Headquarters in New York, and had come into force on 03'^'^ May, December, 2006, at the United 2008. 4. Clinical psychologist, according to Section 2(1 )(g) of the Act, 2017, is defined as under; ‘{g) ‘‘clinical psychologist” means a person (i) having a recognised qualification in Clinical Psychology from an institution approved and recognised, by the Rehabilitation Council of India, constituted under section 3 of the Rehabilitation Council of India Act, 1992; or (ii) having a Post-Graduate degree in Psychology or Clinical Psychology or Applied Psychology and a Master of Philosophy in Clinical Psychology or Medical and Social Psychology obtained after completion of a full time course of two years which includes supervised clinical training from any University recognised by the University Grants Commission established under the University Grants Commission Act, 1956 and approved and recognised by the Rehabilitation Council of India Act, 1992 or such recognised qualifications as may be prescribed. ” (b) Section 2(1 )(o) of the Act, 2017, defines ‘Mental Healthcare’ to include analysis and diagnosis of person’s mental condition and treatment as well as care and rehabilitation of such person for his mental illness or suspected mental illness. (c) Section 2(1 )(r) of the Act, 2017, defines ‘Mental Health Professional’ to mean - I 4 4 HCJ & RCJ W.P.No.27007 of2024 (i) a psychiatrist as defined in clause (x); or (ii) a professional registered with the concerned State Authority under Section 55; or (iii) a professional having a post-graduate degree (Ayurveda) in Mano Vigyan Avum Manas Roga or a post-graduate degree (Homoeopathy) in Psychiatry or a post-graduate degree (Unani) in Moalijat (Nafasiyatt) or a post graduate degree (Siddha) in Sirappu Maruthuvam. Since Mental Health Professional also includes a professional registered with the concerned State Authority under Section 55 of the Act, 2017, it becomes necessary to refer to Section 55 and in particular Section 55(d) of the Act, 2017, which enjoins the registration by the State Authority of clinical psychologists apart from mental health nurses and psychiatric social workers in the State. The list of said registered mental health professionalsis then required to be published as per the regulations framed by the State 5. Authority in terms of Section 55(d) of the Act, 2017. Section 121(1) of the Act, 2017, envisages the Central Government to make Rules for carrying out the provisions of the said Act. 6. 7. Section 121(2) envisages that the State Government may. subject to provisions of sub-section (1) of Section 121, with the previous approval of the Central Government, by notification, make Rules for carrying out the provisions of the Act. 5 HCJ & RCJ W.P.No.27007 of 2024 Section 121(3) provides as under; 8. “(3) In particular, and without prejudice to the generality of the foregoing power, rules made under sub-section (1) may provide for all or any of the following matters, namely:— (a) qualifications relating to clinical psychologist under sub clause (ii) of clause (g) (sic) of sub-section (1) of section 2. (b) (o) The subjects on which the State Government can frame Rules in terms of Section 121(2) of the Act are listed in Section 121(4) which are certainly unconnected with the qualifications relating to clinical psychologists, which power vests exclusively with the Central Government under Section 9. 121(3)(a) of the Act of 2017. In exercise of the powers vested in the Central Governm ent, the Central Government notified the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018, on 29*'^ May, 2018. These Rules, however, did not at all touch the issue of qualifications relating to clinical psychologist under sub-clause (ii) of clause (g) of sub-section (1) of Section 2 of the Act, 2017. 10. The argument of learned counsel for the petitioner is, firstly, that the impugned Rule 24(2) of the Rules, 2022, is ultra vires the Mental Healthcare Act, 2017, inasmuch as it prescribes a qualification for clinical psychologist other than the one which has been prescribed under the Mental Healthcare Act, 2017, secondly, that it deviates from the qualification of 11. 6 HCJ & RCJ W.P.No.27007 of 2024 clinical psychologist as is prescribed under the Rehabilitation Council of India Act, 1992. The stand of the petitioner is that the Rehabilitation Council of India is the governing authority which decides the qualifications of rehabilitation professionals, of whom clinical psychologist is one, and therefore the qualification which is recognised only by the Rehabilitation Council of India should be considered as valid for either appointment of clinical psychologist in Government Hospitals or for registering them in terms of Section 55 of the Act, 2017. The contention of the petitioner, further, is that, by prescribing lower standards of qualification other than the one which have been prescribed under the Act of 2017, a dangerous situation would be created, which would affect the mental health and well-being of patients. As against the issues raised and flagged by the petitioner, the stand of the respondent State is that Rule 24(2) of the Rules, 2022, was framed with a view to tide over the scarcity of available trained clinical psychologists as per the qualification prescribed under the Act of 2017. 12. The respondents in their counter affidavit have reflected the vacancy position of clinical psychologists as under: Vacant Working Sanctioned Category S.No. Clinical Psychologists working (regular basis) 15 3 18 1. 7 HCJ & RCJ W.P.No.27007of2024 Clinical Psychologists working under District Mental Health Program DMHP (contract basis) under NHM (National Health Mission) 2. 26 7 19 Clinical Psychologists working under District Early Intervention Centres (DIEC) on contract basis under NHM (National Health Mission) 3. 34 24 10 Total 78 34 44 13. It was urged that it was only with a view to address the shortage of clinical psychologists in the State that additional qualifications are prescribed, in addition to the qualifications prescribed under the Act of 2017 in the Rules of 2022. It was urged that consequent to the Rules framed by the Government vide G.O.Ms.No.133, dated 16.06.2022, a notification, dated 14. 26.02.2024, was issued by the Andhra Pradesh State Mental Health Authority & Directorate of Medical Education, inviting applications for registration of the Medical Health Professionals. It is stated that only eleven applications were received by the Authority for registration as clinical psychologists, out of which, seven were rejected on the ground that they did not possess the requiste qualifications and therefore the registration was granted to only four applicants. 8 HCJ & RCJ W.P.No.27007 of 2024 It was urged that the impugned Rule to the extent it envisaged a clinical psychologist to mean a psychologist, who had completed a degree or diploma in mental health conducted by Institute of National Importance, was incorporated only with a view to tide over the immediate scarcity and to provide an alternate measure for uninterrupted health services in the State. This, it was stated, was only a temporary measure. Even otherwise, it was urged that there was no provision in the Rehabilitation Council of India Act, 1992, which provided for the qualification of a clinical psychologist and therefore the qualifications were to be as per the provisions of the Act of 2017 and the Rules framed thereunder. The Rehabilitation Council of India Act, 1992, (in short, ‘the Act 15. 1992’) was enacted for regulating and monitoring the training of rehabilitation professionals and personnel, promoting research in rehabilitation and special education as also the maintenance of a Central Rehabilitation Register. Section 2(1)(ma) defines ‘rehabilitation’ as a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels. Rehabilitation professionals, according to Section 2(1 )(n) of the Act 1992, mean thus: audiologists and speech therapists; (i) clinical psychologists; (ii) hearing aid and ear mould technicians; (iii) 9 HCJ & RCJ W.P.No.27007 of 2024 (iv) rehabilitation engineers and technicians; special teachers for educating and training the (V) handicapped; vocational counselors, employment officers and placement (Vi) officers dealing with handicapped; multi-purpose rehabilitation therapists, technicians; or (vii) (viii) such other category of professionals as the Central Government may, in consultation with the Council, notify from time to time. Section 11 of the Act of 1992 prescribes as under; 16. The qualifications granted by any University or other institution in India which are included in the Schedule shall be recognised qualifications for rehabilitation professionals. W Any University or other institution which grants qualification for the rehabilitation professionals not included in the Schedule may apply to the Central Government to have any such qualification recognised, and the Central Government, after consulting the Council may, by notification, amend the Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the Schedule against such qualification only when granted after a specified date. ” (2) ' 7. Learned counsel for the respondents had urged vehemently that Sectioiii 2(1)(g)(ii) r/w Section 121 of the Act of 2017 did envisage that the State Government can prescribe a qualification other than the ones which were otherwise prescribed under Section 2(1)(g)(i) & (ii) of the Act of 2017. 10 HCJ & RCJ W.P.No.27007 of 2024 Reference in this regard was made to “or such recognised qualifications as may be prescribed” contained in the last line of Section 2(1)(g)(ii). On a perusal of sub-clause (i) of Section 2(1 )(g) of the Act of 18. 2017, it can be seen that it envisages a clinical psychologist to mean a person clinical psychology from an institution Rehabilitation Council of India. It, thus, having recognised qualification approved and recognised, by the situation where the qualification, is a recognised qualification and in envisages a is awarded by an institution approved and recognised by the Rehabilitation sub-clause (ii) of Section 2(1 )(g) envisages Council of India. As against this the qualifications which are otherwise recognised by the University Grants Commission, and approved and obtained from any University, which is recognised by the Rehabilitation Council of India. such recognised qualifications as may be the last line of Section 2(1)(g)(ii) envisages a Council of India may recognise contained in Section 19. The phrase “or prescribed” contained in situation where the Rehabilitation qualifications other than the qualifications which are 2(1)(g)(ii) of the Act of 2017 have the authority to frame Rules to While the State Government may out the provisions of the Act, it has power only to frame Rules in regard carry to the subjects which fall under the prescription of qualification for Section 121(4) of the Act of 2017. Insofar as the post of clinical psychologist is r 11 HCJ & RCJ W.P.No.27007of2024 concerned, it falls within the domain of Central Government in terms of Section 121 (3) of the Act of 2017. 20. The scheme of the Act is such that it would warrant recognition by the Rehabilitation Council of India even if the qualifications were to be prescribed by the Central Government. In view of the fact that the State Government is not legally competent to prescribe the qualifications relating to clinical psychologist, the 21. impugned Rule 24(2) of the Rules, 2022, to the extent the same defines a clinical psychologist to mean a psychologist who has completed a degree or a diploma in mental health conducted by Institute of National Importanceto be recognised as clinical psychologist when employed in Government service, is held to be ultra vires the Act of 2017 and is accordingly struck down to that limited extent. 22. The Writ Petition is, accordingly, allowed. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. SD/- G. HELA NAIDU ASSISTANT^RE^^STRAR SECTION OFFICER //TRUE COPY// To, 1. the Secretary, Union of India, Ministry of Social Justice and Empowerment, 2nd Floor, C-Wing, Sastri Bhavan, New Delhi-110001. 2. The Chairman, Rehabilitation Council of India, (A statutory body under the MoSJE ) B-22, Qutub Institutional area. New Delhi-110016. 3. The Principal Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 4 4. The Chief Executive Officer, State Mental Health Authority Andhra Pradesh, O/o. Directorate of Medical Education, Hospital Premises, Hanumanpet, Vijayawada. 5. The Directorate of Medical Education, rep by its Director, Old Government Hospital Premises, Hanumanpet, Vijayawada. 6. The Commissionerate of HM and FW, rep by its Commissioner, 5th Floor, APIIC Towers, Mangalagiri, Guntur District. 7. One CC to Sri. Balaji Medamalli Advocate [OPUC] 8. One CC to The Deputy Solicitor General of India [OPUC] 9. Two CCs to AddI Advocate General, High Court of Andhra Pradesh Two CD Copies Old Government 10. GSC ‘ t! HIGH COURT DATED:16/09/2025 ORDER WP NO. 27007 OF 2024 5 IISEPM S ^ ^ Current Section . ALLOWING THE WP WITHOUT COSTS