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Delhi High Court - Orders

Dr. Angela Ann Joseph, M.Sc. Ph.D vs Union Of India & Ors on 7 May, 2021

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                             Signature Not Verified
                                                             Digitally Signed By:DINESH
                                                             SINGH NAYAL
                                                             Signing Date:10.05.2021
                                                             15:11:34

$~7
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+                     W.P.(C) 2950/2021
      DR. ANGELA ANN JOSEPH, M.SC. PH.D. ..... Petitioner
                      Through:   Mr. R. Sathish, Advocate.
                      versus
      UNION OF INDIA & ORS.                         ..... Respondents
                      Through:   Ms. Suman Chauhan and Mr. Lakshya
                                 Verma, Advocates for R-1 & 2.
                                 (M:9811331063)
                                 Mr. Dushyant Parashar and Mr. Manu
                                 Parashar, Advocates for R-4/AIIMS.
      CORAM:
      JUSTICE PRATHIBA M. SINGH
                ORDER

% 07.05.2021

1. This hearing has been done through video conferencing.

2. The Petitioner, in the present case, is a PhD holder in Clinical Psychology from All India Institute of Medical Sciences (hereinafter, "AIIMS"). She had finished her graduation from the University of Windsor, acquiring the degree of Bachelor of Sciences, and thereafter had obtained a post graduate degree in Masters of Science in Psychology (Clinical) from Christ University, in 2010. Thereafter, she pursued her `Doctorate in Clinical Psychology' and graduated with a PhD degree from AIIMS in July, 2015.

3. The grievance of the Petitioner in the present petition is that the PhD in Clinical Psychology degree from AIIMS has not been notified by the Rehabilitation Council of India under the schedule to Section 11(1) of the Rehabilitation Council of India Act, 1992.

4. On the last date, i.e., 5th March 2021, this court had issued notice to the Respondents and directed them to file an affidavit as to their stand of this issue. This court had also directed the Ministry of Health and Rehabilitation Council Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:10.05.2021 15:11:34 of India to take a decision on the representation filed by the Petitioner before them.

5. Pursuant to the last order, counter affidavit has been received on behalf of the AIIMS. The submission on behalf of AIIMS, in the said counter affidavit. is that it has already written a letter dated 9th March, 2021 to the Secretary, Ministry of Health and Family Welfare, and has requested that the degree, being a Ph.D. in Clinical Psychology. be included in the schedule to Section 11(1) of the Rehabilitation Council of India Act, 1992.

6. The Rehabilitation Council of India (hereinafter, "RCI") is also stated to have filed their counter affidavit. The same is, however, not on record. Let the same be brought on record.

7. On behalf of the Union of India Ms. Suman, ld. Counsel submits that she has received the affidavit filed by AIIMS, and the Ministry of Health and Family Welfare would be looking into the matter.

8. Let a comprehensive decision be taken on the case of the Petitioner, as raised in this writ petition after considering the request received by the Ministry from AIIMS, vide its letter dated 9th March, 2021. After taking a decision on the same, the said decision shall be set out in the counter affidavit, which is to be filed by the Union of India, on or before 31st July, 2021.

9. Counsels to ensure that the counter affidavits are placed on record before the next date.

10 List for hearing on 23rd August, 2021.

PRATHIBA M. SINGH, J.

MAY 7, 2021/dk/Ak