J U D G M E N T

V. KAMESWAR RAO, J

1. 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 to the petitioner which clearly states that the B.A. and M.A. Professional Degrees in Architecture have accreditation in United Kingdom. He has heavily relied upon the Judgment of the Coordinate Bench of this Court in the case of Nirupa Puliyel v. Council of Architecture and Anr., W.P.(C) 863/2017 dated July 24, 2017, wherein this Court while interpreting the term ‘degree’ in entry 6 to the Schedule of Act of 1972 had held that the said entries are wide enough to be that of a Bachelo