BALBIR VERMA Vs. COUNCIL OF ARCHITECTURE

JUDGEMENT

(1.) The three Petitioners are Architects. The present writ petition was filed by them challenging the decision dated 30th November 2005 taken at the 46th meeting of the Respondent No. 1 Council of Architecture ('Council') that the petitioners were guilty of professional misconduct under Regulation 2(1)(x) of the Architects (Professional Conduct) Regulations 1989. The petitioners challenge the communication dated 24th January 2006 addressed by the Respondent No. 1 to the complainant, Respondent No. 6 herein informing him of the above decision dated 30th November 2005 of the council and a notice dated 24th April 2006 issued to each of them asking them to appear before the Council at its next meeting on 27th May 2006. The further prayer was to prohibit the Council from proceeding with any hearing or enquiry against the petitioners under Section 30(2) of the Architects Act, 1972.

(2.) The order dated 26th May 2006 passed by this Court set outs succinctly the issues raised in the petition. The said order reads as under:

(3.) Whereas Respondent No. 1 and those who are in charge of its affairs plead that primacy has to be that of the Architects Act, 1972 and the bodies constituted thereunder in relation to institutes imparting education leading to a degree in architecture, AICTE asserts a right to the contrary.