INSTITUTE OF TOWN PLANNERS Vs. COUNCIL OF ARCHITECTURE

JUDGEMENT

(1.) The petition impugns the Minimum Standards of Architectural Education Guidelines for Post-Graduate Programme, 2006 published by the respondent No.1 Council of Architecture (COA), to the extent they lay down guidelines for Town & Country Planning courses viz. M. Arch. (Urban & Regional Planning), M. Arch. (Transportation Planning & Design) and M. Arch. (Housing). The petition also seeks to prohibit the respondent No.1 COA and its affiliate Institutes and Colleges from introducing / conducting the said Post-Graduate courses. The petition yet further seeks direction in the nature of mandamus directing the respondent No.1 COA to operate within the framework of The Architects Act, 1972.

(2.) Notice of the petition was issued and on the application of the petitioner for interim relief, vide interim order dated 04.03.2009, it was directed that any admission made in respect of the courses aforesaid shall be subject to the outcome of the writ petition and the respondent No.1 COA was also directed to communicate the order to the students seeking admission to the said courses. However in LPA No.180/2009 preferred by respondent No.1 COA, vide order dated 27.04.2009 the requirement for respondent No.1 COA to so inform the students was dispensed with. Counter affidavits have been filed by respondent No.1 COA, respondent No.2 All India Council for Technical Education (AICTE) as well as respondent No.3 Ministry of Human Resource Development (MHRD). The counsels have been heard.

(3.) The petitioner, in the year 1951, was incorporated as a company under Section 26 of the Indian Companies Act, 1913 (equivalent of Section 25 of the Companies Act, 1956) and claims to be the national level apex body of professionals in the field of Town & Country Planning, with approximately 3000 members on its rolls. The petitioner claims to have been inter alia involved in evaluation and monitoring of the course curriculum of the Universities and Schools imparting education in Town & Country Planning and also claims to have been according recognition to the various Institutions / Schools imparting such education and which recognition entitles the students clearing the said courses to become members of the petitioner.