COUNCIL FOR TECHNICAL EDUCATION versus SHRI PRINCE SHIVAJI MARATHA BOARDING HOUSE’S COLLEGE OF ARCHITECTURE & ORS.

COUNCIL FOR TECHNICAL EDUCATION versus SHRI PRINCE SHIVAJI MARATHA BOARDING HOUSE’S COLLEGE OF ARCHITECTURE & ORS.

In matters concerning recognition of degrees and diplomas in architecture education, the Architects Act, 1972 prevails. AICTE is not entitled to impose any regulatory measures for architectural education. Norms and standards set by the Council of Architecture and specified authorities under the 1972 Act must be followed by institutions offering degrees/diplomas in architecture. The word ‘architecture’ must be omitted from the definition of ‘technical education’ for regulatory purposes under the AICTE Act, 1987 in this context.

Parties
Appellant: All India Council For Technical Education; Respondents: Shri Prince Shivaji Maratha Boarding House’s College of Architecture & Ors.
Jurisdiction
India
Judgment Date
08 November 2019
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed/substantially disposed
Legal Topics
Regulation of Architectural Education, Power of Council of Architecture Vs AICTE, Recognition of Architectural Qualifications, Interpretation of Statutes
Education Law Administrative Law Regulation of Architectural Education Power of Council of Architecture Vs AICTE Recognition of Architectural Qualifications Interpretation of Statutes

Case Brief

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Parties

All India Council For Technical Education

Appellant

Shri Prince Shivaji Maratha Boarding House’s College of Architecture & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Who is the final authority for approval and monitoring of architecture courses in cases of contradiction between CoA and AICTE?
  2. 2 Whether the Architects Act, 1972 or the AICTE Act, 1987 prevails regarding degrees/diplomas in architecture education?
  3. 3 Whether architecture should be excluded from the definition of technical education under AICTE Act, 1987?

Ratio Decidendi

In matters concerning recognition of degrees and diplomas in architecture education, the Architects Act, 1972 prevails. AICTE is not entitled to impose any regulatory measures for architectural education. Norms and standards set by the Council of Architecture and specified authorities under the 1972 Act must be followed by institutions offering degrees/diplomas in architecture. The word ‘architecture’ must be omitted from the definition of ‘technical education’ for regulatory purposes under the AICTE Act, 1987 in this context.

Court Disposition

Appeal dismissed/substantially disposed

Orders

  • Judgment of Bombay High Court in Civil Appeal No.364 of 2005 sustained; AICTE’s appeal dismissed.
  • In SLP(C) No.5400/2011 (Rajeev Gandhi Proudyogiki Vishwavidyalaya), CoA norms to be complied with for further admissions; admissions undertaken under interim orders not disturbed.