JUDGMENT

Jyoti Singh, J. Petitioner herein is an Institute of Town Planners, a body of qualified professional `town and country planners' and as per the data in the writ petition has 6500 qualified town planners as its members. It is a non-profit making institution and a National Level Apex Body of all professionals in the field of Town and Country Planning.

2. By this petition, Petitioner assails a Notification dated 03.01.2020, whereby Respondent No.1/All India Council for Technical Education (`AICTE') has constituted the `All India Board of Town and Country Planning' (hereinafter referred to as the `Board') for a term of 3 years, in exercise of powers under Section 13(2) and 13(4) read with Section 23 of the All India Council for Technical Education Act, 1987 (hereinafter referred to as `AICTE Act').

3. It is averred in the writ petition that Petitioner was established in the year 1951-52 as a Body of qualified professional Town and Country Planners. As per Article 3(d) of the Memorandum of Association, aim of the organization is to foster teaching of subjects related to Town and Country Planning. Petitioner has been evaluating and monitoring the course curriculum of Universities and Schools imparting education in Town and Country Planning in the country, according recognition to various institutions and working closely with the Government on matters of planning for the past several decades. In the past, Petitioner had prepared `Urban Development Plan, Formulation and Implementation Guidelines' for the Ministry of Urban Development, Government of India in 1996 and has locus to file the present petition.

4. It is averred that after the impugned Notification dated 03.01.2020 was issued by AICTE, representation was made by the Petitioner on 24.02.2020 pointing out the shortcomings in the constitution of the Board and requested for re-constitution so as to appoint genuine accredited and professionally qualified people, who are Experts in the field of Town and Country Planning and can help the Board in discharging its statutory functions effectively. Getting no response, Petitioner was compelled to file the present petition.

5. Assailing the Notification, learned Senior Counsel for the Petitioner contends that AICTE Act was promulgated to provide for establishment of AICTE with a view to proper planning and coordinated development of technical education system in the country, promotion of qualitative improvements of such education in relation to planned quantitative growth and regulation and proper maintenance of norms and standards in technical education.

6. Section 13 of AICTE Act provides for establishment of Boards of Studies. In exercise of power under Section 13(2) and 13(4) read with Section 23, AICTE established the `Board' for 3 years. Board's constitution and functions are regulated by Regulations framed under Sections 13(4) and 23 of AICTE Act. Board of Studies perform several functions such as formulation of educational training and research programmes for consideration of the Executive Committee of AICTE, evolving overall educational plans for the future demands of the country, identifying courses in existing, emerging and other priority areas, considering and deliberating on proposals referred to Board of Studies and examining various recommendations to be made to the Executive Committee as well as designing and developing model curricula. In order to discharge these functions effectively and diligently, it is important that all members of the Board have in-depth and intricate knowledge of the subject of Town Planning so as to further the cause and not merely pay a lip service to it.

7. In this backdrop, it is contended by Mr. Khanna, learned Senior Counsel appearing for the Petitioner that the constitution of the Board by the impugned Notification is not in conformity with the provisions of the AICTE Act. Besides the Chairman, there are seven other members on the Board which are shown as `Experts' in the fiel