COUNCIL OF ARCHITECTURE Vs. MUKESH GOYAL

JUDGEMENT

(1.) The question before this Court is whether Section 37 of the Architects Act 1972, (Architects Act) merely prohibits the use of the title Architect by individuals not registered with the Council of Architecture (Council) under Chapter 3 of the enactment or alternatively whether Section 37 actually prohibits unregistered individuals from carrying out the practice of architecture and its cognate activities. In other words, does Section 37 permit individuals not registered with the Council to continue practicing the profession of architecture in India? As a corollary to this question, this Court is also called upon to determine whether a government post titled or styled using the term Architect can be held by individuals not registered with the Council of Architecture.

(2.) The present appeals arise out of three writ petitions filed by the first respondent before the High Court of Allahabad. The first respondent has been working as an Architectural cum Planning Assistant in the service of the third respondent, the New Okhla Industrial Development Authority (NOIDA) since January 1988 and claims to possess a degree in architecture from the Indian Institute of Architects. NOIDA is an authority created under Section 3 of the Uttar Pradesh Industrial Area Development Act 1976, (U.P. Industrial Area Development Act) to supervise and manage the development of various geographical zones of the state of Uttar Pradesh.

(3.) Exercising its powers under Section 19 of the U.P. Industrial Area Development Act and with the approval of the state government, NOIDA framed the Service Regulations of 1981 for the recruitment and promotion of employees in its various departments. One of the departments under NOIDA's purview is the Department of Planning and Architecture where the first respondent is employed. Regulation 16 of the Service Regulations 1981 sets out the Sources of Recruitment'. Under sub-clause (iv) of clause (2) of Regulation 16, NOIDA has been conferred with the power to modify the sources of recruitment or the percentage of candidates appointed through promotion and direct recruitment. Thus, under the Service Regulations 1981, NOIDA has the power to lay down the conditions and qualifications for promotion from the feeder cadre to various posts in the Department of Planning and Architecture.