VidhiSangh

Supreme Court of India · 08/11/2019

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

[2019] 15 S.C.R. 464 · 2019 INSC 1224

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Summary

Conflicting requirements imposed by the Council of Architecture and AICTE led to disputes over architecture colleges’ intake, infrastructure, affiliation and approval. The Court held that the Architects Act, 1972 governs recognition of architecture degrees and diplomas and that AICTE cannot impose its regulatory framework on those courses. Individual appeals were disposed of consistently with that conclusion, with protection for specified interim admissions.

Issues

  1. Whether the AICTE Act impliedly repealed the Architects Act’s provisions concerning architectural education.
  2. Which statutory framework governs conflicting approval, intake and infrastructure requirements for architecture courses.
  3. Whether the ministry memorandum established binding AICTE primacy and what relief the individual institutions should receive.

Provisions considered

Held

Result

AICTE’s Bombay appeal and the Madhya Pradesh institution’s appeal were dismissed. The related university and CoA appeals were disposed of with recognition required before further admissions and prior interim admissions protected. Karnataka appeals were disposed of consistently with CoA primacy. The Kerala appeal was allowed. Interim orders dissolved; connected applications disposed of; no costs.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 464.