Writ petition challenging delay in registration as an Architect. The court directed the Council of Architecture and Ministry of Human Resource and Development to pass appropriate orders within 12 weeks on the application for registration.
Directed respondents to pass appropriate orders on petitioner's application for registration within 12 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 4940 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4940 OF 2021 (GM-RES)
BETWEEN:
DR.RUPESH S.IYENGAR S/O SATISH N. IYENGAR AGE ABOUT 33 YEARS NO.1306, 29TH ‘B’ CORSS 13TH MAIN, 4TH BLOCK EAST JAYANA GAR BENGALURU – 560 011.
…PETITIONER
(BY SRI SUSHEN S., ADVOCATE FOR SRI. AMSHUMAN.M., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
INDIA HABITAT CENTRE CORE 6 A, 1ST FLOOR LODHI ROAD, NEW DELHI – 110 003.
MINISTRY FOR HUMAN RESOURCE AND DEVELOPMENT
REPRESENTED BY SECRETARY
WP No. 4940 of 2021
MAJOR
DEPARTMENT OF HIGHER EDUCATION 127/C, SHASTRI BHAWAN NEW DELHI – 110 001.
…RESPONDENTS
(BY SMT.RESHMA K.T., ADVOCATE FOR R1; SRI.S.R.DODWAD, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION AGAINST THE R-1 TO RECONSIDER THE APPLICATION OF THE PETITIONER AT ANNEXURE D DATED 08.05.2018 BY REGISTERING HIM AS AN ARCHITECT UNDER THE ARCHITECTS ACT,1972 AND PROVIDE THE PETITIONER A REGISTRATION NUMBER BY OVERTURNING THE REJECTION AT ANNEXURE-G DATED 17.05.2019 AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
WP No. 4940 of 2021
respondent No.2 to also include/add the title of “Doctor of Sciences” along with the pre-existing title of “Degree of Doctor of Technical Sciences” conferred by the Swiss Federal University of Technology, Zurich in the Schedule of the Architects Act, 1972 (Annexure-B) within a period one month.
as borne out from the pleadings are as follows:
The petitioner obtains a degree in Bachelor of Engineering in 2009 and Masters in Science in 2011 and got enrolled at the Swiss Federal University of Technology, Zurich, to pursue his Doctorate of Technical Sciences in Architecture. The petitioner after submitting his thesis was conferred the title of ‘Doctor of Sciences’ on 18.11.2014 by the University. The claim of the petitioner is that, the said degree is on par with the Ph.D. conferred by the Indian Universities. The petitioner further
WP No. 4940 of 2021
contends that the University of Zurich is a recognized University
and the recognition finds place in the Architects Act, 1972. The petitioner after obtaining degree and a confirmation letter from the University seeks to register himself as an Architect under the Architects Act, 1972. The respondents did not take any action on the application of the petitioner. The petitioner accordingly represents to the Ministry of Human Resources and Development seeking a direction to the Council of Architecture to register the petitioner as an Architect. Several representations or notices are caused or submitted by the petitioner thereto. To the representations given by the petitioner, the 1st respondent/Council replies to the petitioner confirming that the doctoral degree obtained by the petitioner was valid as there was a change of name of the course from the ‘Degree of Doctor of Technical Sciences’ to ‘Doctor of Sciences’ and that has not been up-dated in the Architects Act, 1972. This led the petitioner to submit plethora of representations seeking registration by re-consideration of his application in view of the clarification given by the 1st respondent.
WP No. 4940 of 2021
that if a direction is issued to pass appropriate orders within a time frame, that would suffice for the present.
WP No. 4940 of 2021
The Court hopes that it would not become necessary for
the petitioner to knock the doors of this Court yet again on the
same issue.
Sd/JUDGE
nvj List No.: 1 Sl No.: 62
2 issues framed by the court
Whether the Council of Architecture shall reconsider the petitioner's application for registration as an Architect.
Whether specific orders be passed within a stipulated time-frame to include the title 'Doctor of Sciences' in the Architects Act, 1972.
2 provisions across 2 enactments
Dr. Rupesh S. Iyengar
Council of Architecture
Union of India
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
