AICTE Not Entitled to Regulate Architectural Degrees/ Diplomas
Supreme Court Judgement on regulation of architectural degress /diplomas
As per the Supreme Court Judgement, AICTE will not be entitled to impose any regulatory measure in connection with the degrees and diplomas in the subject of architecture. An institute must follow the Norms and Regulations set by CoA and other specified authorities under the 1972 Act in imparting education for degrees and diplomas in architecture. Recognition of degrees and diplomas of architecture education is as per the 1972 Act.
COA and AICTE
The Council of Architecture (COA) has been constituted by the Government of India under the provisions of Section 3 of the Architects Act, 1972, enacted by the Parliament of India, which came into force on 1st September, 1972. AICTE has also been constituted under the provisions of Section 3 of the All India Council of Technical Education Act 1987 (the 1987 Act). As the preambles of these two statutes suggest, the former has been enacted to provide for registration of Architects,standards of education, recognized qualifications and standards of practice to be complied with by the practicing architects. The object of the latter statute is to provide for a Council with a view to proper planning and coordinated development of the technical education system throughout the country, promotion of qualitative improvements of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith.
Recognition of Degrees in Arcitecture
Section 2(g) of the 1987 Act stipulate The CoA under the said Act however has not been conferred with the power to directly recognise the architectural qualification. The Central government is the authority to undertake that exercise. CoA under the 1972 statute is a consulting body. The effect of recognition by the Central Government is that such recognised qualification shall be sufficient for enrollment in the register of architects maintained under the said Act. After such registration, a person can claim to be an architect under the law.
Role of AICTE
The role of the AICTE vis-a-vis the Council of Architects is advisory and recommendatory and as a guiding factor and thereby subserving the cause of maintaining appropriate standards and qualitative norms.