TMI Blog2005 (8) TMI 723X X X X Extracts X X X X X X X X Extracts X X X X ..... s prescribes the mode of recruitment. Earlier the posts of Assistant Architects were required to be filled 50% by direct recruitment and 50% by promotion. Senior Architectural Draughtsman in the Chief Architect's Office having the requisite minimum educational qualification (Bachelor's Degree in Architecture or the prescribed equivalents) alone were to be considered for promotion as Assistant Architect. The Rules underwent and amendment in the year 1991 and the mode of recruitment was altered as follows : 40% by direct recruitment and 60% by promotion and the promotion was from the posts of Draughtsman/Architect Officers. Significantly, the qualification earlier prescribed for promotion, that is Degree in Architecture, was omitted by the 1991 Amendment Rules. Before the Amendment in 1991, it is stated that promotion from the posts of Head Draughtsman/Draughtsman was to the posts of 'Assistant Engineer' and not 'Assistant Architects'. In view of the 1991 Amendment to the Recruitment Rules, all Draughtsman and Architect Officers became eligible for promotion as Assistant Architects, even if they did not possess a degree in Architecture. As a consequence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of Architects Act, 1972 ? ' (ii) Whether the promotion of respondent Nos. 3 to 5 as 'Assistant Architect Class-II' requires interference with a direction to consider petitioners for the said posts ? Re Question (i): It is now well settled that the validity of any sub- ordinate legislation can be challenged on the following four grounds : (vide Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India, ): (i) that the Rule making authority lacked the legislative competent to make the rules. (ii) that the Rule violated any provision of the Constitution of India, in particular the fundamental rights guaranteed under chapter III of the Constitution. (iii) that the Rule does not conform to or is repugnant to the Statute under which it is made or any other Statute, (iv) that the Rule is manifestly arbitrary (as contrasted from mere unreasonableness). In this case, the challenge is on ground (iii), that is, the Rule providing for promotion to the post of Assistant Architect (Class II) from the posts of 'Draughtsman/Architect Officers' without prescribing the qualification of 'Registered Architect', is repugnant to the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r than a registered architect, or a firm of architects shall use the title and style of architect: (2) If any person contravenes the provisions of Sub- section (1), he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both. (Emphasis supplied) Section 23 provides for preparation and maintenance of a register of architects for India. Section 25 prescribes the qualification for entry in the register of Architects. Section 25 makes it clear that only those who are possessing any of the recognised qualifications (enumerated in the Schedule of the Act) are entitled to have name entered in the register of Architects. Section 35 relates to effect of registration and it is extracted below :-- Section 35. Effect of registration.-- (1) Any reference in any law for the time being in force to an architect shall be deemed to be a reference to an architect registered under this Act. (2) After the expiry of two years from the date appointed under Sub-section (2) of Section 24, a person who is regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iii) design and site development, (iv) design of structure, (v) design of sanitary, plumbing, drainage, water supply and sewage, (vi) design of electrification, communications, (vii) Incorporation of appropriate heating, ventilation, air-conditioning and other mechanical systems, fire detection and fire protection systems and security systems, and (viii) periodic inspection and evaluation of the construction work. The statement of objects and reasons of the Architects Act states that the legislation is intended to protect the title of 'architects', but does not intend to make the design, supervision and construction of buildings as an exclusive responsibility of architects. It clarifies that other professions like engineers will be free to engage themselves in their normal vocation in respect of building construction work provided that they do not style themselves as 'Architects'. Thus, as contrasted from the Advocates Act and the Medical Council Act, the Architects Act merely provides for registration of 'architects' and matters connected therewith, and does not contain any prohibition against those who are not registered or enrolled performing the dutie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... climate on them; (iv) designing of water supply, drainage, sewage disposal, electricity supply and lighting; (v) techniques of urban development, integrated development and infrastructural development; (vi) landscaping with use of elements such as trees, plants, water, rocks; (vii) structural concepts and behaviour of structural elements; and (viii) estimating and costing of structures. Public interest requires that any post requiring design and supervision of buildings should, therefore, be filled by qualified Architects. If unqualified persons are placed in charge of design and construction, buildings may become uneconomical and unsafe. With manifold increase in building activity, it is not advisable to have non-architects manning important posts of Architects involving design and execution of huge and complex structures/buildings. Section 35 provides that a person who is registered as an Architect shall get preference for appointment as an Architect under the Central or State Government (and in any other local and other authorities). This statutory preference given to architects is obviously because of their specialised knowledge. To ignore such specialised knowledge and to i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e considered for the post of Assistant Architects superseding Senior Head Draughtsman and Draughtsman who are not registered as Architects, will merit acceptance only if the Rule providing for promotion of Draughtsmen/Architect Officers to the Class II posts titled 'Assistant Architects' being found to be invalid. As we have upheld the validity of the Rules, but have only found that use of the nomenclature Assistant Architect' is illegal and barred by Section 37, the second question does not survive for consideration. Conclusion: In the result, this petition is allowed in part as follows :-- (i) The State Government (first respondent) shall cease using the nomenclature Assistant Architects or 'Architects' in regard to posts for which the qualification of 'Registered Architect' is not prescribed. It shall also cease designating those who are not registered Architects under the Architects Act, 1972, as 'Architects' or 'Assistant Architects', (ii) If the State Government wants to continue the nomenclature of 'Assistant Architect en 'Architects', then while prescribing the qualification for appointment or promo lion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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