11-14-2019, 08:48 AM
It has been made clear by supreme court that the norms and Regulations set by Council of Architecture and other specified authorities under the Architects Act would have to be followed by an institution imparting education for degrees and diplomas in architecture.
The judgment rendered by a three-Judge Bench headed by Chief Justice of India Ranjan Gogoi and comprising Justices Deepak Gupta and Aniruddha Bose ruled that the AICTE cannot impose any regulatory measured in relation to Architecture subject in case of a conflict between CoA and AICTE.
The Court said that under both the statutes there are overlapping areas under which the respective Councils could make Regulations. Though these Acts, by themselves, do not come into direct conflict the inconsistencies have surfaced in implementing the power given to the Councils constituted under the respective enactments. It, however, noticed that
“The process of recognition and effect thereof are more expansive under the 1972 Act. All “authorities” require recognition by the Central Government to conduct any degree or diploma course in architecture education to qualify for being recognised qualification. The CoA under the said Act plays a key role in the process of recognition.”
It was also noticed that there is no exclusion or exemption of any institution from undergoing such recognition process except the subsisting ones at the time the Act became operational. The CoA has also wide monitoring power under Section 18 and 19 of the Act of every authority which grants recognized qualification under the said Act.
“The scheme of the Act thus demonstrates that lack of recognized qualification under the 1972 Act would in substance disentitle a person from being registered as an architect. He would not be able to legally represent himself as an architect in India.”
CIVIL APPEAL NO. 364 OF 2005
All India Council for Technical Education …. Appellant
Versus
Shri Prince Shivaji Maratha Boarding
House’s College of Architecture & Ors. …. Respondents
WITH
CIVIL APPEAL NO. 8506 OF 2019
(Arising out of SLP© No. 5400/2011)
CIVIL APPEAL NO. 8507 OF 2019
(Arising out of SLP© No. 8443/2011)
CIVIL APPEAL NO. 8511 OF 2019
(Arising out of SLP© No. 20460/2011)
CIVIL APPEAL NO. 8509 OF 2019
(Arising out of SLP© No. 17006/2016)
CIVIL APPEAL NO. 8508 OF 2019
(Arising out of SLP© No. 17005/2016)
CIVIL APPEAL NO. 8510 OF 2019
(Arising out of SLP© No. 28121/2018)
The judgment rendered by a three-Judge Bench headed by Chief Justice of India Ranjan Gogoi and comprising Justices Deepak Gupta and Aniruddha Bose ruled that the AICTE cannot impose any regulatory measured in relation to Architecture subject in case of a conflict between CoA and AICTE.
The Court said that under both the statutes there are overlapping areas under which the respective Councils could make Regulations. Though these Acts, by themselves, do not come into direct conflict the inconsistencies have surfaced in implementing the power given to the Councils constituted under the respective enactments. It, however, noticed that
“The process of recognition and effect thereof are more expansive under the 1972 Act. All “authorities” require recognition by the Central Government to conduct any degree or diploma course in architecture education to qualify for being recognised qualification. The CoA under the said Act plays a key role in the process of recognition.”
It was also noticed that there is no exclusion or exemption of any institution from undergoing such recognition process except the subsisting ones at the time the Act became operational. The CoA has also wide monitoring power under Section 18 and 19 of the Act of every authority which grants recognized qualification under the said Act.
“The scheme of the Act thus demonstrates that lack of recognized qualification under the 1972 Act would in substance disentitle a person from being registered as an architect. He would not be able to legally represent himself as an architect in India.”
CIVIL APPEAL NO. 364 OF 2005
All India Council for Technical Education …. Appellant
Versus
Shri Prince Shivaji Maratha Boarding
House’s College of Architecture & Ors. …. Respondents
WITH
CIVIL APPEAL NO. 8506 OF 2019
(Arising out of SLP© No. 5400/2011)
CIVIL APPEAL NO. 8507 OF 2019
(Arising out of SLP© No. 8443/2011)
CIVIL APPEAL NO. 8511 OF 2019
(Arising out of SLP© No. 20460/2011)
CIVIL APPEAL NO. 8509 OF 2019
(Arising out of SLP© No. 17006/2016)
CIVIL APPEAL NO. 8508 OF 2019
(Arising out of SLP© No. 17005/2016)
CIVIL APPEAL NO. 8510 OF 2019
(Arising out of SLP© No. 28121/2018)