RAJASHREE BOKADE Vs. UNION OF INDIA

JUDGEMENT

(1.) ALL the above petitions are being disposed of by the common Judgment and Order as the issue involved in the petitions is the common one.

(2.) THE petitioners have approached this Court under Article 226 of the Constitution of India challenging the legality and validity of the communication dated 9-3-2000 issued by the Registrar - respondent No. 2 refusing to grant renewal of Registration of the petitioners permitting them to act as Architects. The petitioners have prayed for an appropriate writ to quash and set aside the said communication and directions to the respondent No. 2 to renew the registration of the petitioners by accepting the renewal fee as per the provisions of Section 23 (3) of the Architects Act, 1972.

(3.) THE petitioners, young lady architects, were conferred a Degree of Bachelor of Architecture by the Nagpur University. Respondent No. 3 - the Council of Architecture functioning under Section 3 of the Architects Act, 1972, had recognized the said Degrees conferred by the Nagpur University in 1989. The petitioners were registered with the respondent No. 3 in or around 1992 and thereafter they have been prosecuting their career as Architects. They are also registered as the Members of the Indian Institutes of Architects and therefore, the petitioners have claimed that they are qualified and eligible to carry on their profession as Architects in accordance with law. The petitioners' registration under Section 23 of the Architects Act, 1972, is required, to be renewed annually under Section 27 of the Act on payment of renewal fees. According to the petitioners, they have satisfied and complied with all the lawfully prescribed conditions under the provisions of the Architects Act and, therefore, they are entitled to carry on their profession as Architects as guaranteed, under Article 19 (1) (g) of the Constitution of India. The petitioners have challenged the act of the respondent No. 3 refusing to renew the registration of the petitioners by impugned order dated 9-3-2000 being violative of Articles 14 and 19 (1) (g) of the Constitution of India. According to the petitioners, they are bona fide Degree Holders of the Nagpur University which has been recognized by respondent No. 3 under the Act and, therefore, the refusal on the part of the respondent No. 3 to renew the registration of the petitioners on the ground that the petitioners got lateral admissions directly in the fourth and fifth year B. Arch. programme being offered by the Nagpur University after undergoing 4 years B. Tech. (House and Interior Course) from the same University. According to the petitioners, the respondent No. 3 has erroneously presumed that the petitioners have not undergone the course as stipulated in the Minimum: Standard of Architectural Education Regulations, 1983 (Regulations on Undergraduate Architectural Education) laid down by the Council of Architecture with the prior approval of the Central Government. According to the petitioners, they have successfully undergone 4 years B. Tech. (HID) Course from the Nagpur University and thereafter they were admitted to the 5 years B. Arch. Degree Course of the same University and, therefore, it can not be said that the petitioners have not undergone 5 years Undergraduate programme in Architect as per the said Regulation. According to the petitioners, the four years B. Tech. (HID) Degree Course has been recognized by the Nagpur University and that has been held to be eligibility for getting admission to the fourth year of B. Arch. Degree Course. The petitioners have further submitted that the 4 years B. Tech. Course has identical course for the first, three years which the three years of the B. Tech. Degree Course has prescribed. According to the petitioners, the three years syllabus of B. Tech. is equivalent verbatim with the three years of B. Arch. syllabus and there is no difference of any nature. The Course of B. Tech. is not inferior or is not less in any manner but on the contrary the students have to spend 4 years to get the Degree of B. Tech. whereafter they become eligible to get admission for the Degree Course of the B. Arch. for the fourth and final fifth year. From 1989 onwards, the respondent No. 3 have been registering all such graduates holding the Degree of B. Arch. and the petitioners have been practising the profession of Architect without any hindrance or without any problems.