COUNCIL OF ARCHITECTURE versus MR. MUKESH GOYAL & ORS.

COUNCIL OF ARCHITECTURE versus MR. MUKESH GOYAL & ORS.

Section 37 of the Architects Act, 1972, by its plain text and the Statement of Objects and Reasons, prohibits unregistered individuals from using the title and style of 'Architect' but does not prohibit unregistered individuals from practising activities commonly undertaken by architects; however, government posts that use the title or style of 'Architect' (e.g. 'Associate Architect', 'Architect') cannot be held by persons who are not registered architects or do not possess a degree in architecture recognised under the Architects Act, and any subordinate rule or policy (e.g. NOIDA Promotion Policy 2005) must conform to this principle.

Parties
Appellant: Council of Architecture; Respondent: Mr. Mukesh Goyal; Third Respondent: New Okhla Industrial Development Authority (NOIDA)
Jurisdiction
India
Judgment Date
17 March 2020
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order of the High Court of Judicature at Allahabad (writ Petitions)
Outcome
Appeals partly allowed
Legal Topics
Use of Title Under S.37 Architects Act, Registration Under Architects Act, Validity of Promotion Policy 2005, Ultra Vires Delegated Legislation
Statutory Interpretation Administrative Law Professional Regulation Delegated Legislation Use of Title Under S.37 Architects Act Registration Under Architects Act Validity of Promotion Policy 2005 Ultra Vires Delegated Legislation

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Parties

Council of Architecture

Appellant

Mr. Mukesh Goyal

Respondent

New Okhla Industrial Development Authority (NOIDA)

Third Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order of the High Court of Judicature at Allahabad (writ Petitions)

Legal Issues

  1. 1 Whether s.37 of the Architects Act prohibits unregistered individuals from practising architecture or only prohibits use of the title and style of 'Architect'
  2. 2 Whether a government post titled or styled using the term 'Architect' can be held by persons not registered under the Architects Act
  3. 3 Whether NOIDA's Promotion Policy 2005 conflicts with the Architects Act

Ratio Decidendi

Section 37 of the Architects Act, 1972, by its plain text and the Statement of Objects and Reasons, prohibits unregistered individuals from using the title and style of 'Architect' but does not prohibit unregistered individuals from practising activities commonly undertaken by architects; however, government posts that use the title or style of 'Architect' (e.g. 'Associate Architect', 'Architect') cannot be held by persons who are not registered architects or do not possess a degree in architecture recognised under the Architects Act, and any subordinate rule or policy (e.g. NOIDA Promotion Policy 2005) must conform to this principle.

Court Disposition

Appeals partly allowed

Orders

  • Appeals partly allowed.
  • The decision of the High Court of Allahabad is affirmed insofar as it held that s.37 does not prohibit unregistered individuals from undertaking the practice of architecture and cognate activities.