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IN THE HIGH COURT OF DELHI
V. Kameswar Rao, J.
Siddhartha Thomas - Appellant
Versus
Council of Architecture - Respondent
W.P.(C) 11420 of 2019
Decided On : 02-03-2022
Foreign architectural qualifications must comply with statutory recognition criteria established under the Architects Act, necessitating proper assessment to inform registration decisions.
Headnote:(A) Architects Act, 1972 - Section 15 - The petitioner sought registration as an architect, claiming recognition of the M.A. Hons. in Architecture from the University of Edinburgh - The registration was denied on grounds that the qualification was not recognized under the Schedule of the Act. (Para 2)
(B) Legal Qualification Criteria - The court reiterated that the recognition of foreign architectural qualifications hinges on their inclusion in the Schedule of the Act and compliance with statutory requirements set by the Central Government. (Paras 4, 8, 10)
Facts of the case:
The petitioner applied for registration to practice as an architect in India but faced rejection due to the qualification not being listed in the Act’s Schedule, despite having a degree from a recognized foreign university.
Findings of Court:
The court directed the respondent to review the petitioner's qualifications following information submission, complying with statutory procedures as outlined.
Issues: The main issues were the recognition of foreign qualifications and the legal standards for qualification inclusion.
Ratio Decidendi: The court held that foreign qualifications require thorough evaluation against criteria for recognition, emphasizing statutory compliance for registration.
Result: Petition disposed of with directions for reconsideration.
| Table of Content |
|---|
| 1. petition seeks registration as architect. (Para 1) |
| 2. petitioner's qualifications and application details. (Para 2 , 3) |
| 3. respondent's rationale for rejecting application. (Para 4) |
| 4. respondent's communication regarding application process. (Para 5 , 6) |
| 5. court's evaluation of legal reasoning and distinctions. (Para 7 , 9) |
| 6. assessment criteria for foreign architectural qualifications. (Para 8) |
| 7. court's directive for further action on application. (Para 10 , 11) |
JUDGMENT
V. Kameswar Rao, J. The present petition has been filed by the petitioner with the following prayers:
"In view of the facts and circumstances stated above, it is prayed that this Hon'ble Court may be pleased to: -
a. Set aside the letter dated 11.12.2018 Ref. No. CA/28/2018/Regn. of the Council of Architecture wherein it arbitrarily rejected the application of the petitioner for registration as an architect in India.
b. Direct the Respondents to hold that degree of M.A. Hons, in Architecture granted by University of Edinburgh, U.K. is recognized architectural qualification in India and is sufficient to enrol the petitioner as an architect in India.
c. Direct the Respondent No. 1 to enrol the petitioner in their register as M.A. Hons., in Architecture in order to allow him to practiseas an architect in India.
d. Issue such other writ, direction or order, which this Hon'ble court may deem fit and proper under the facts and circumstances of the case."
2. It is the case of the petitioner and so contended by Mr. Prashant Bhushan, learned counsel appearing for the petitioner that the petitioner had obtained a Degree of Master of Arts with Honours in Architecture from the University of Edinburgh, United Kingdom, after four years of rigorous training. The Degree obtained by the petitioner has full prescription and validation from Architectural Registration Board and Royal Institute of British Architects of United Kingdom, making the petitioner a Part-I qualified Architect. It is his submission that vide notification dated February 21, 1973 and also December 20, 2012, the Central Government issued a list of architectural qualifications granted by the Universities or other institutions outside India as recognised qualifications for registration under the Architects Act, 1972 (`Act of 1972', for short). According to him, the said qualifications added to the Schedule of the Act of 1972 "a Degree" from the University of Edinburgh, as recognised for the purpose of the said Act. In this regard, he has drawn my attention to entry 6 of the said notification which reads as under:
"Degree of Architecture awarded by the Universities of Cambridge, Durham, Edinburgh, Glasgow, Liverpool, London, Manchester, Sheffield and Wales."
3. He states that the petitioner in order to register himself as an Architect in India had applied to respondent No.1 under Section 26 of the Act of 1972 for registration, vide letter dated November 29, 2018, since the petitioner was desirous to return to India and to work here. However, the application of the petitioner was rejected on the ground that the qualification possessed by the petitioner, i.e., Degree of Master of Arts with Honours in Architecture awarded by the University of Edinburgh is not a recognised qualification as per the Schedule of Act of 1972 and therefore the petitioner could not be registered as an Architect in India. He submitted, in fact, the University of Edinburgh provides M.A. (Hons.) Degree in Architecture, which is a bachelor/under-graduate degree with a duration of four years. He has also drawn my attention to the curriculum which has been undertaken by the petitioner to get his degree in Architecture from the Edinburgh University. He stated, petitioner had vide his letter dated December 13, 2018 to the respondent No.1 clarified that the Degree possessed by him is a recognised Degree as per the Act of 1972 and had also referred to "higher education achievement report" of the University of Edinburgh issued
