LAWS(DLH)-2009-11-133

DESH KUMAR Vs. INDIAN INSTITUTE OF ARCHITECTS

Decided On November 24, 2009
DESH KUMAR Appellant
V/S
INDIAN INSTITUTE OF ARCHITECTS Respondents

JUDGEMENT

(1.) THE present writ petition was allowed by the judgment dated 6th September, 1999. Thereafter, review application RA No 102/99 was allowed vide order dated 2. 3. 2001 and the judgment was recalled.

(2.) MR. DESH Kumar, Ms. Seema Kumari and Mr. Virendra Kumar, the petitioners herein were students of Indian Institute of Architects (hereinafter referred to as IIA, for short), a recognized Institute under the Architects Act, 1972. The admitted factual position is that the petitioners have cleared Part I and Part ii examination and the written papers of Part III examination but have been declared as failed in viva voce test. The contention of the petitioner is that as per the Scheme of Examination and Syllabus of Study (hereinafter referred to as Scheme and Syllabus, for short) applicable to them, they were not required to appear and clear the viva voce test in Part III examination.

(3.) THE petitioners have placed on record as Annexure P-2, a booklet of the IIA with the heading Scheme and Syllabus for Part I, II and III examinations. As per the said Scheme and Syllabus, Part III examination consisted of two papers : Professional Practice 1 (Building Contracts and Regulations) of 100 marks for 3. 00 hrs and Professional Practice 2 (Litigation, duties, etc.) of 100 marks for 3. 00 hrs. The pass percentage prescribed was 45 marks in each paper.