Man Mental Health Awareness And Networking Society, Through Its Authorised Signatory vs Rehabilitation Council Of India, Ministry Of Social Justice A Empowermentnd & Ors.
- Court
- Delhi High Court
$~102
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 05.05.2026
+ W.P.(C) 2399/2026, CM APPL. 11728/2026 & CM APPL.
11729/2026
MAN MENTAL HEALTH AWARENESS AND NETWORKING
SOCIETY, THROUGH ITS AUTHORISED SIGNATORY
.....Petitioner
Through: Mr. Vinam Gupta, Ms. Pragya
Narayan, Ms. Nabam Yama, Advs.
versus
REHABILITATION COUNCIL OF INDIA, MINISTRY OF SOCIAL
JUSTICE AND EMPOWERMENT & ORS. ...Respondents
Through: Mr. Nishant Gautam CGSC Mr. Rahul
Kumar Sharma Govt Pleader Ms.
Kavya Shukla, Mr. Vineet Negi, Mr.
Vibhav V. Nath, Advs. for R2
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
: JASMEET SINGH, J ( ORAL )
1. This is a writ petition filed under Article 226 of the Constitution of
India seeking the following prayers:-
“a) Issue a writ of mandamus directing the Respondents to
frame a clear, uniform and non-discriminatory transitional
policy protecting:
i. Students presently enrolled in B.A./B.Sc./M.A. Psychology
programmes;
ii. Students who completed M.A. (Clinical Psychology) under
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the earlier UGC regime; and
iii. Students who entered psychology programmes on the basis
of pre-existing eligibility criteria.
b) Issue a writ of mandamus directing the Respondents to
continue the M.Phil programme under the previous regime for
such period as would enable it to harmonise the newly approved
alternative with existing regime;
c) Issue a writ of mandamus directing the Respondents to
ensure that identical degree nomenclature is not used for
programmes governed by different statutory regimes unless
uniform registration consequences are attached thereto;
d) Pass such other and further orders as this Hon’ble Court may
deem fit and proper in the facts and circumstances of the
present case in the interest of justice, equity and public
health...”
2. The facts are that the petitioner, MAN Mental Health Awareness &
Networking Society, is a charitable and educational society established in
2009 under the Societies Registration Act, 1860, engaged in education,
community mental-health services, and disability rehabilitation, and since
2021–2022, is imparting professional training in Clinical Psychology and
running M.Phil programmes.
3. Respondent No.1, the Rehabilitation Council of India ( “RCI” ), is the
statutory body regulating rehabilitation education and maintaining a central
register of qualified professionals; Respondent No.2 is the Union of India
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through the Ministry of Health and Family Welfare; Respondent No.3 is the
University Grants Commission ( “UGC” ), which oversees standards in higher
education; Respondent No.4 is the National Commission for Allied and
Healthcare Professions ( “NCAHP” ), regulating allied healthcare education
and services; and Respondent No. 5 is the Ministry of Education, which
notified National Education Policy 2020 ( “NEP 2020” ) recommending
discontinuation of M.Phil programme and restructuring higher education into
a four year undergraduate and two year post graduate framework.
4. Pursuant to NEP 2020 respondent No. 3, notified PhD regulations 2022
and by Regulation 14 prohibited higher educational institutions from offering
M.Phil programmes resulting in discontinuation of M.Phil in Clinical
Psychology and psychiatrist social work, without simultaneously notifying a
harmonised professional replacement pathway for regulated mental health
disciplines. Regulation 14 reads as under:-
“14. Grant of M.Phil. Degree.- Higher Educational Institutions
shall not offer the M.Phil.(Master of Philosophy) programme.”
5. On 01.06.2023, an inter-ministerial meeting was convened by
respondent No. 2 and follow up meetings were held. On 29.08.2023, in the
inter ministerial meeting the finalized replacement framework for
discontinued M.Phil programme was identified with two alternative academic
pathways which read as under:-
“(i) Allied Professions (four-year B.Sc. (Hons.) Clinical
Psychology and B.A. (Hons.) Psychiatric Social Work to be
regulated by Respondent No.4), and
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(ii) General Academic (four-year undergraduate plus two-year
master’s programmes to be regulated by Respondent No.1),
with provision for practical training, PG-Diploma exit options”
6. The minutes recorded that existing M.Phil courses ought to be
permitted to be continued for next five to six years in parallel with the newly
proposed track to prevent disruption of the workforce in the mental health
centre. The operative portion of the minutes reads as under:-
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7. Subsequently, the earlier M.Phil programme was extended for the two
years.
8. On 30.01.2024, the UGC released the notice dated 30.01.2024, which
reads as under:-
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9. A perusal of the notice shows that the earlier regime of candidates
coming through various streams and getting an M.Phil degree in Clinical
Psychology was discontinued from 2025-26 academic session.
10. Mr. Gupta, learned counsel for the petitioner challenges the same and
urges the petition on the following grounds:-
“ i. Students who have completed or are presently pursuing
M.A. Clinical Psychology under UGC-regulated universities
are now compelled to again undertake an RCI-regulated M.A.
programme in order to become eligible for registration in the
Central Rehabilitation Register.
ii. Candidates who enrolled in B.A. programmes in allied or
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non-psychology disciplines, who were earlier eligible to pursue
M.A. Clinical Psychology, are now rendered ineligible under
the new framework.
iii. Graduates who earlier lawfully completed a B.A. in another
subject followed by an M.A. in Clinical Psychology are barred
from entering the RCI-regulated pathway, even though their
qualifications were previously recognised.
iv. Science-stream students are permitted to reach certain level
of registration under CRR through a four-year B.Sc. (Clinical
Psychology) pathway, whereas Humanities-stream students are
required to undergo a substantially longer route of B.A. plus
M.A., thereby imposing an unequal academic burden.
v. The continued operation of identically titled “M.A. Clinical
Psychology” degrees under both UGC and RCI, without
discontinuing or harmonising the UGC-regulated programme,
is likely to mislead students, employers and the public.
vi. Under the earlier regime, the M.Phil (Clinical Psychology)
was an advanced professional qualification above the master’s
level. In the new regime, the replacement of the M.Phil with an
M.A. of the same duration and title lowers the perceived
academic standing of the qualification and is likely to adversely
affect graduates’ prospects both within India and abroad.
vii. The new regime is also silent with respect to any
higher-level degree, namely, M.Sc for the B.Sc graduates. It
also does not confirm if the new M.A. course in the General
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Academic route is open for the B.Sc students.
viii. Graduates who, under the earlier regime, had completed a
B.A. in a discipline other than Psychology followed by an M.A.
in Clinical Psychology are now rendered ineligible for
registration under Respondent No.1.
ix. The introduction of additional undergraduate psychology
programmes, including the newly notified four-year Bachelor
of Psychology (B.Psy) course under Respondent No.4/NCAHP,
alongside the B.Sc. (Clinical Psychology) course and the
B.A./M.A. route regulated by Respondent No.1, has multiplied
parallel entry routes into the profession without any certainty
with respect to scope of practice or eligibility for registration.
x. The creation of parallel undergraduate pathways has
generated uncertainty as to which qualifications will ultimately
permit registration in the Central Rehabilitation Register.”
11. Since the guidelines were issued by the respondent No. 1 in terms of
the new policy, the present petition has been filed.
12. Ms. Sharma, learned counsel for the respondent No. 1 had handed over
a counter-affidavit which is taken on record stating that the new curriculum is
in accordance with the NEP Policy 2020 which emphasises on training in the
Clinical Psychology and also has reduced the tenure of the Course from seven
to six years. Hence there is no scope for confusion and the actions of the
respondents are in accordance with law.
13. My attention has been drawn to the entry requirement which is as
under:-
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“Entry requirement
Minimum educational requirement for admission to this course
will be 4 years B. A./B.Sc. degree in Psychology from a
university recognized by the UGC with a minimum of 55% marks
in aggregate. For SC/ST category, minimum of 50% marks in
aggregate is essential, as per GOI. The candidates who have
completed their graduation programme in 3 years shall have to
pass fourth year Bridge Course or first year of Masters
Programme in Psychology with minimum of 550/, marks are also
eligible.”
14. Mr. Kumar, learned counsel for the respondent No. 1 draws my
attention to the second part of the entry condition to state that the candidates
who have completed their graduation in any course other than Psychology
have the option to pass four year bridge course with minimum 55% percent
marks. On my query, as to whether the universities are offering this bridge
course, the answer is in the negative.
15. I have heard learned counsels for the parties.
16. The following tables are relevant to show the old regime and the new
regime:
UNDERGRADUATE STUDENTS
TABLE III
UNDERGRADUATE STUDENTS- B.A/B.Sc. (Any stream/discipline
other than Psychology) under UGC
Education Level Earlier Position
(Pre-NEP/Old
Present Position under
RCI (Impugned
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Regime) Framework)
Undergraduate
B.A./B.Sc in any
stream/discipline other
than Psychology under
UGC
(completed/ongoing)
B.A./B.Sc in any
stream/discipline other
than Psychology under
UGC
(completed/ongoing)
Post-graduate Eligible for admission
in M.A. (Psychology)
under UGC
Not eligible for
admission in M.A.
Clinical Psychology
Constrained to enroll
again in
undergraduate course
of B.A. in Psychology
under UGC (4 years)
/B.Sc in Clinical
Psychology (4 years)
under RCI
Masters in Philosophy M. Phil (Clinical
Psychology)
RCI Registration
(3+2+2=7 years for
RCI)
RCI registration
pathway only after
repeating
undergraduate studies
through a fresh 4-year
B.A. in Psychology
under UGC/B.Sc. in
Clinical Psychology
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under RCI followed by
M.A. (Clinical
Psychology), resulting
in duplication of
education and an
excessive academic
burden:
3 years (existing UGC
undergraduate
degree) – not
recognised
+
4 years fresh B.A. in
Psychology under
UGC/B.Sc. Clinical
Psychology under RCI
+
2 years M.A. (Clinical
Psychology) = 9 years
of RCI
Registration
Note: B.Sc (Clinical
Psychology) student
under RCI would still
not be able to pursue
M.A. (Clinical
Psychology) or any
other course to become
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Clinical Psychologist –
only RCI Registration
as ‘Clinical Assistant’
POSTGRADUATE STUDENTS
TABLE IV
STUDENTS WHO HAVE ALREADY ENROLLED/COMPLETED
B.A. (ANY STREAM OTHER THAN PSYCHOLOGY) M.A.
(PSYCHOLOGY, CLINICAL PSYCHOLOGY AND OTHER
BRANCHES OF PSYCHOLOGY)
(UGC REGULATED)
Education Level Earlier Position
(Pre-NEP/Old
Regime)
Present Position under
RCI (Impugned
Framework)
Post graduate completed
under UGC
B.A./B.Sc. (any stream
other than Psychology)
+ M.A. (Psychology,
Clinical Psychology and
other branches of
Psychology) (on
going/completed)
B.A./B.Sc. (any stream
other than Psychology)
under UGC
+
M.A. (Psychology,
Clinical Psychology and
other branches of
Psychology)
UGC Regulated
Valid and recognized
for RCI registration post
completion of M.Phil
(Clinical Psychology)
(ongoing/completed)
UGC Regulated
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Not recognised for RCI
Registration
Masters in Philosophy M. Phil (Clinical
Psychology)
M.Phil pathway
abolished
Constrained to enroll
again in undergraduate
course of B.A. in
Psychology under
UGC/B.Sc. in
Psychology (4 years)
under RCI.
After BA in
Psychology, again
constrained to enrol in
M.A. Clinical
Psychology for RCI
Registration.
RCI Registration
3 years (existing
B.A./B.Sc.)
3 years B.A./B.Sc (any
stream) + 2 years
+
M.A. (Clinical
Psychology) under
UGC + 2 years M.Phil
(Clinical Psychology) 7
years (earlier recognised
Ongoing 2 years M.A.
(Clinical Psychology)
under UGC
+
4 years B.A./B.Sc
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pathway) Psychology under UGC
+
2 years M.A. (Clinical
Psychology)
11+years for RCI
Registration to become
Clinical Psychologist
17. A perusal of the above tables shows that a student in B.A and B.Sc
could go for M.A Psychology and obtain a degree in M.Phil (Clinical
Psychology). There can be no ambiguity as far as student studying in class XII
are concerned to take the new regime in accordance with the NEP 2020. The
problem lies with students who are pursuing B.A., B.SC in any stream or
pursuing M.A Psychology. The said candidates now cannot proceed to go for
M.Phil (Clinical Psychology) and obtain RCI registration.
18. The students who are undergoing B.A., B.SC in any stream/ discipline
today or are undergoing M.A Psychology will have to go back to B.A., B.Sc
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and M.A in Clinical Psychology and thereafter get RCI registration for
pursuing a profession in Clinical Psychology.
19. A similar kind of situation has been considered in WP (C) 15086/2025
Prabhroop Kaur Kapoor v. Union of India and more particularly in para 46
to 51, which reads as under:-
“46. The petitioners constitute a limited category of students
who had already acted upon the prevailing policy. Denying
the facility results in serious and irreversible prejudice to the
petitioners, who have already invested an academic year in
preparation based on a legitimate expectation.
47. The law laid down in Surender Kumar Dhawan (supra) is
also binding upon this Court that in questions of education
policy and academic matters the Courts are to refrain from
interfering. However, the said judgement also holds that if
any provision or principle of law is to be interpreted, applied
or enforced with reference to or connected with education,
the Courts are required to step in. 9 This Court is neither
required to nor is going into the legality, justifiability or the
basis which has prompted/ necessitated the amendment to the
examination policy. However, this court, in the present case,
is concerned with interpretation, application and
enforcement of amendment to Clause No. 43 (i) of Bye Laws
only to the graduates of Class XII of 2025 batch, which is
working to the detriment of the petitioner and is seeking to
retrospectively withdraw a valuable vested right. The
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applicability was abrupt and thus, when the actions are
arbitrary and unreasonable, it is imperative to intervene in
such a case.
48. CBSE’s submission that no prejudice is caused since
students may appear through NIOS does not cut much ice.
The petitioners have demonstrated, prima facie, that several
universities and competitive examination authorities insist
upon a consolidated marksheet from a single recognised
board. The option of NIOS, therefore, cannot be treated as a
real or equivalent alternative, particularly where it compels
students to repeat multiple subjects afresh.
49. CBSE, being the principal national body entrusted with
regulating secondary and senior secondary education,
cannot absolve itself of responsibility to ensure coherence of
rules of senior secondary education with the rules the
competitive of examination in this country. Education system
in India is intertwined in such a manner that senior
secondary education is not an isolated stage but forms the
foundation upon which higher and professional education is
built. The structure of higher education admissions in the
country is intrinsically linked to the subjects studied and
examinations taken in Class XII.
50. Eligibility criteria for professional courses are framed
with reference to specific subject combinations at the senior
secondary stage. For instance, admission to medical courses
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through NEET mandates the study of Physics, Chemistry, and
Biology at the Class XII level, while engineering admissions
require Physics, Chemistry, and Mathematics.
51. These requirements presuppose that such subjects have
been pursued as part of an integrated academic curriculum
under a recognised Board. In this context, directing the
students who have already passed Class XII under CBSE to
seek recourse through NIOS disrupts the continuity of their
academic record and undermines the coherence of the
education system itself. In such a case the student would have
to undergo the examination of all 5 subjects, which can never
be a viable option.”
20. Applying the aforesaid principles to the facts of the present case, it is
evident that students presently pursuing B.A., B.Sc. (in any discipline), or
M.A. Clinical Psychology had embarked upon their respective courses under
a legitimate and well-founded expectation that they would be eligible to
progress to the M.Phil. in Clinical Psychology and, thereafter, obtain
registration with the RCI in accordance with the prevailing regime.
21. The abrupt introduction of the new regime, without any workable
transitional mechanism, has the effect of completely foreclosing this
established route. The consequence is that the students are effectively
required to retrace their academic steps by re-enrolling in undergraduate and
postgraduate programmes in Clinical Psychology, thereby losing years of
academic effort and financial investment. Such a requirement is manifestly
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unreasonable and disproportionate. The denial of access to the M.Phil.
programme under these circumstances amounts to a retrospective withdrawal
of a valuable right , which had already accrued to the students by virtue of
their enrolment under the earlier regime.
22. In these circumstances, the application of the new regime to the present
cohort of students would be arbitrary, inequitable, and violative of the
principles of fairness that govern administrative action.
23. For the said reasons, the new regime will not be applicable to the
students presently enrolled in B.A, B.Sc and M.A. (Clinical Psychology)
programme but will be applicable to the Class XII students.
24. Mr. Gupta, learned counsel for the petitioner, does not press the other
prayers and states that he will make representation to all the respondents who
may consider the same.
25. In view of the above, the writ petition is allowed and disposed of.
JASMEET SINGH, J
MAY 5, 2026/NG
(Corrected and released on 09.05.2026)
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