Rajesh Balia, Actg. C.J.—This writ petition was preferred in 2005 in the circumstances we shall presently notice. After being heard by two learned Single Judges after admission, and once judgment was reserved but the petition was not ultimately decided and when interim relief was refused by the learned Single Judge on 01.03.2007 and directed the petition to be heard in due course, this Special Appeal No.292/2007 was preferred against the order dt. 01.03.2007.

2. Looking to the nature of the controversy and urgency of decision and looking to importance of the issue raised, on the request of both the learned counsel the Division Bench passed the following order on 30.08.2007:

“It is agreed by the learned Advocates appearing in this matter that the matter can be decided finally. Learned advocates for the respondents have stated before the Court that even though this appeal is filed against an interlocutory order of the learned Single Judge, this Court may decide the entire controversy arising in the matter so that the question can be thrashed out at the earliest as the point involved in the matter concerns many students and their future is also dependent on the decision of this Court in this appeal.

Considering the said request of the learned counsel, we deem it proper to decide the matter finally instead of asking the appellant to go back to the learned Single Judge and argue the matter.

Accordingly, this appeal be listed for final disposal on 12.09.2007.”

3. In the above circumstances, we have heard the learned counsel for the parties on the merit of writ petition itself to decide the same.

4. Facts leading to this appeal are that Jai Narain Vyas University, Jodhpur is a University set up under the law enacted by State Legislature to set up a University at Jodhpur, under Jodhpur University Act, 1962 lateron renamed as Jai Narain Vyas University.

5. The University introduced a 5 years course for awarding a Bachelor’s degree in Architecture in the year 1999. The appellant-petitioner was admitted to the course in the very first year of the commencement of new course and completed the 5 years course in 2004 and passed successive term examination of 5 years course. After passing the course, the appellant-petitioner was granted provisional certificate of degree of Bachelor of Architecture by JNV University, Jodhpur on 05.10.2004.

6. Thereafter, the petitioner filed an application for his registration as an Architect under the Architects Act, 1972 (hereinafter referred to as the Act of 1972) vide his application dt. 03.12.2004 to the Indian Council of Architecture established under the Act of 1972. A reminder was also sent to the Council of Architecture for his registration. Since after acknowledging the receipt of application and reminder nothing happened. Successive reminders were issued on 15.04.2005 and 19.09.2005. The last one was by way of demand of justice.

7. The notice dt. 19.09.2005 was responded by reply dt. 30.09.2005. Relying on Section 21 of the Act of 1972, it was stated that:

“In order to declare a particular B.Arch qualification as recognized qualification under the Architects Act, 1972 and the Regulation framed thereunder, the Architectural Education should be imparted in accordance with the provisions of the Regulations of 1983. This Minimum Standards of Architectural Education could be ensured only by inspection from time to time by the Council of Architecture. Unless and until physical inspections are undertaken by the Council for verification/examination of all matters connected with imparting of education and maintenance of Minimum Standards of Education, the same cannot be said that the institution is imparting an architectural education leading to award of Bachelor’s Degree in Architecture carrying recognition under the Architects Act, 1972 and enlist in the Schedule of Qualification appended thereto.”

8. With the aforesaid premise it was stated that since the Council had sought information under Sec. 18 and required ins

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