Council of Architecture v. Dobariya Mohit Ramnikal & Anr.

1. Exemption allowed, subject to all just exceptions.

2. Accordingly, the applications stand disposed of. LPA 841/2024 & C.M.No.49407/2024

3. Present appeal has been filed challenging the impugned judgement dated 01st July, 2024 passed by the learned Single Judge in W.P.(C) No.4100/2023,whereby the writ petition filed by the respondent no.1 challenging the communication dated 13th July, 2021 issued by the appellant rejecting the application of the respondent no.1 for registration as an Architect in India was allowed and the appellant was directed to grant recognition to the M. Arch. Degree awarded to the respondent no.1 by the University of Maryland.

4. Learned senior counsel for the appellant states that the learned Single Judge has issued a mandamus to include a foreign degree in the schedule to the Architects Act, 1972 (the “Act”) without any technical or expert reasons/justification and thereby in violation of the Section 15 of the Act.

5. He points out that a painstaking evaluation exercise was carried out by the council before rejecting the respondent no.1/petitioner’s application. He also points out that University of Maryland is not one of the universities mentioned in the Schedule appended to Section 14 of the Act.

6. Per contra, learned counsel for respondent no.1 states that any bachelor degree in architecture awarded by any American University, the curricula of which is accredited to the National Architectural Accrediting Board (USA), is entitled to practice as an Architect. In support of his contention, he relies upon Clause 8(a) of the said Schedule.

7. Prima facie, this Court is not impressed with the contention of learned counsel for respondent no.1/ petitioner, as just below Clause 8(a), 67 accredited universities have been mentioned and University of Maryland is not one of them.

8. Consequently, this Court is of the view that the present matter requires consideration.

9. Admit. Issue notice. Mr.Rishabh Sharma, Advocate accepts notice on behalf of respondent no.1. He prays for and is permitted to file a reply affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing. The contesting parties are directed to file their short written submissions not exceeding three pages each along with the judgment(s) that they wish to rely upon, at least a week prior to the next date of hearing.

10. List on 19th December, 2024 at the end of the Board. Till further orders, there shall be a stay of the impugned judgement dated 01st July,

2024.

ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J AUGUST 29, 2024