Summary
A teaching-faculty society challenged architectural education standards circulated by the Council without prior Central Government approval. The Court held that Section 21 permits minimum standards outside regulations, provided they do not conflict with existing regulations. Approval under Section 45 is required when the Council chooses the regulatory form. The High Court had also overlooked material objections to the society’s standing. Its judgment was reversed and the writ petition dismissed.
Issues
- Whether minimum architectural education standards can be prescribed otherwise than by regulations approved under Section 45.
- Whether the teaching-faculty society could challenge prescriptions unrelated to its members’ interests.
Provisions considered
- Sections 21, 22 and 45, Architects Act, 1972Section 21 confers substantive power without mandating regulations, unlike Section 22. Section 45 approval is required for regulations; nonregulatory standards cannot conflict with regulations. (¶ 9-15)
Held
- Although the 2020 Regulations had made the immediate dispute academic, the Court addressed the argued question of statutory power. The challenged communications were not regulations framed under Section 45. (¶ 6-9)
- The express requirement of regulations in Section 22 contrasts with its absence in Section 21. The Council may prescribe educational minimum standards either through Section 45 regulations or otherwise; Central Government approval is necessary for the former, and standards issued otherwise must remain consistent with regulations. (¶ 10-15)
- The High Court failed to consider the Council’s standing objections. Given its membership, the society could have a grievance about prescriptions affecting teaching faculty, but could not challenge matters with which it was unconcerned. No affected educational institution had itself challenged the communications. (¶ 16-19)
- The appeal was allowed, the High Court judgment set aside and the society’s writ petition dismissed without costs. (¶ 20)
Result
Appeal allowed. High Court judgment quashing the communications set aside; the society’s writ petition dismissed. No costs.