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 Indi