IMPORTANT POINTS
Section 37 of the Architects Act does not prohibit individuals not registered under the Architects Act from undertaking the practice of architecture and its cognate activities.
NOIDA cannot promote or recruit individuals who do not hold a degree in architecture recognised by the Architects Act to a post that uses the title or style of “architect”.

JUDGMENT :

Dr Dhananjaya Y. Chandrachud, J.

The question before this Court is whether Section 37 of the Architects Act 1972[“Architects Act”] merely prohibits the use of the title “Architect” by individuals not registered with the Council of Architecture[“Council”] under Chapter 3 of the enactment or alternatively whether Section 37 actually prohibits unregistered individuals from carrying out the practice of architecture and its cognate activities. In other words, does Section 37 permit individuals not registered with the Council to continue practicing the profession of architecture in India? As a corollary to this question, this Court is also called upon to determine whether a government post titled or styled using the term “Architect” can be held by individuals not registered with the Council of Architecture.

2. The present appeals arise out of three writ petitions filed by the first respondent before the High Court of Allahabad. The first respondent has been working as an Architectural cum Planning Assistant in the service of the third respondent, the New Okhla Industrial Development Authority[“NOIDA”] since January 1988 and claims to possess a degree in architecture from the Indian Institute of Architects. NOIDA is an authority created under Section 3 of the Uttar Pradesh Industrial Area Development Act 1976 [“U.P. Industrial Area Development Act”] to supervise and manage the development of various geographical zones of the state of Uttar Pradesh.

3. Exercising its powers under Section 19 of the U.P. Industrial Area Development Act and with the approval of the state government, NOIDA framed the Service Regulations of 1981 for the recruitment and promotion of employees in its various departments. One of the departments under NOIDA‘s purview is the Department of Planning and Architecture where the first respondent is employed. Regulation 16 of the Service Regulations 1981 sets out the ‘Sources of Recruitment‘. Under sub-clause (iv) of clause (2) of Regulation 16, NOIDA has been conferred with the power to modify the sources of recruitment or the percentage of candidates appointed through promotion and direct recruitment. Thus, under the Service Regulations 1981, NOIDA has the power to lay down the conditions and qualifications for promotion from the feeder cadre to various posts in the Department of Planning and Architecture.

4. NOIDA spelt out the qualifications and conditions required for the promotion to various posts in the Recruitment and Promotion Policy 2005[“Promotion Policy 2005”]. The Department of Planning and Architecture consists of two cadre streams, the Planning cadre stream and the Architecture cadre stream. The Planning cadre stream consists of the following posts (in ascending order of seniority): (i) Planning Assistant; (ii) Associate Town Planner; (iii) Town Planner; and (iv) Senior Town Planner. The Architecture cadre stream consists of the following posts (in ascending order of seniority): (i) Architecture Assistant; (ii) Associate Architect; (iii) Architect; and (iv) Senior Architect. In practice, the two cadres draw on a common pool of candidates, the only distinction being made when specific work orders are issued.

5. The Promotion Policy 2005 provided that for the post of Associate Town Planner, 60 per cent of recruitment would take place by way of promotion, the eligibility criteria being fifteen years‘ experience as a Planning Assistant. Similarly, for the post of Associate Architect, 60 per cent of the posts were to be filled through promotion, the eligibility criteria being fifteen years‘ experience as an Architecture Assistant. The remaining 40 per cent of posts were to be filled through direct recruitment, with a degree in Architecture and Town Planning and a degree in Architecture stipulated as essential qualifications for appointment as an Associate Town Planner and Associate Architect respectively.

6. A meeting was held by NOIDA on 20 March 2006 to decide whether a degree in Architecture and Town