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TMI Blog2004 (9) TMI 682X X X X Extracts X X X X X X X X Extracts X X X X ..... the question it becomes necessary to state few facts. The petitioner no. 1 is a college of architecture established by the petitioner no. 2 trust. The respondent no. 1 is the State of Maharashtra. The respondent no. 2 is the Director of Technical Education, State of Maharashtra. The respondent no. 3 is the All India Council for Technical Education, (for short, 'AICTE') a statutory body constituted under the AICTE Act. The respondent No. 4 is the Council of Architecture established under the provisions of the Architects Act. The petitioner no.1 college is affiliated to Shivaji University, Kolhapur and the intake capacity of the college was 40 students per year. During the inspection jointly held on 25th April 2003 by the AICTE and Council of Architecture certain deficiencies and shortcomings were found in the college and, therefore, for the Academic years 2003-04 and 2004-05 the intake capacity was reduced from 40 students per year to 30 students per year. On 27th August 2003 the petitioner submitted compliance report pointing out fulfillment of all conditions as mentioned in the inspection report. The Council of Architecture on the basis of the compliance report forwarded by the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cture which is established under the Architects Act. The role of AICTE as far as architectural institutions are concerned is only advisory and for coordination, strengthening and development of architectural education. The general provisions in the AICTE Act touching the subject matter of architecture therefore do not abrogate the provisions of the Architects Act and are not repugnant or inconsistent with the Architects Act. Mr. Dada urged that the AICTE Act does not supplant the provisions of the Architects Act but at the highest supplement them. Mr Thorat, appearing for the petitioners, adopted the submissions of Mr. Dada. 5. Mr. Chinoy, appearing for the AICTE, on the other hand, submitted that the provision of the AICTE Act deal with the same subject matter as that of the Architects Act, 1972 in so far as promoting, maintaining and managing standards of architecture education is concerned. The provisions of the two Acts cannot stand together and this is borne out from the facts of the present case where the AICTE and Council of Architecture have in their regulations stipulated different intake capacity for the petitioner college. The role of AICTE cannot be said to be advisory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rce of such general words, without any indication of a particular intention to do so". In a later case, Viscount Haldane said : " we are bound … to apply a rule of construction which has been repeatedly laid down and is firmly established. It is that wherever Parliament in an earlier statute has directed its attention to an individual case and has made provision for it unambiguously, there arises a presumption that if in a subsequent statute the Legislature lays down a general principle, that general principle is not to be taken as meant to rip up what the Legislature had before provided for individually, unless an intention to do so is specially declared. A merely general rule is not enough, even though by its terms it is stated so widely that it would, taken by itself, cover special cases of the kind I have referred to." 7. The rationale of this rule is explained by the Supreme Court in J K Cotton Spinning and Weaving Mills Co Ltd vs. State of Uttar Pradesh, AIR 1961 SC 1170 as follows : "The rule that general provisions should yield to specific provisions is not an arbitrary principle made by lawyers and judges but sprigs from the common understanding of men and women t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is, however, rebutted and a repeal is inferred by necessary implication when the provisions of the later Act are so inconsistent with or repugnant to the provisions of the earlier Act that the two cannot stand together. But, if the two can be read together and some application can be made of the words in the earlier Act, a repeal will not be inferred. 11. A two Judge Bench of the Supreme Court in a recent judgment in Godavat Pan Masala Products I.P. Ltd vs Union of India, 2004 AIR SCW 4483, observed that in case of conflict between a special law and a general law, even if both are enacted by the same legislative authority, the special law must displace the general law to the extent of inconsistency. The operation of the maxim generalia specialibus non derogant has been approved and applied by the Court in such situations. 12. To determine whether a later statute repeals by implication an earlier statute, it would be necessary to scrutinize the terms and consider the true meaning and effect of the two statutes. The Architects Act, 1972 is enacted to provide for prescribing, regulating and maintaining the standards of architectural education, qualification of architects based on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to maintain the register of Architects. Under Section 29 the Council is empowered to remove from the register the name of any architect as provided thereunder. Under Section 45, the Council has power to make regulations with the approval of the Central Government to carry out the purposes of the Act. The Council of Architecture has with approval of the Central Government framed regulations known as Minimum Standards of Architectural Education Regulations, 1983 in exercise of powers conferred by clauses (e), (g), (h) and (j) of sub-section (2) of Section 45 read with Section 21 of the Architects Act. The said regulations provide for eligibility for admission to architectural course, aptitude test, etc. The regulations also provide for intake, course and periods of studies, professional examination, standard of proficiency and conditions of admission, qualification of examiner. They also provide for standards of staff, equipment, accommodation, training and other facilities for architectural education. The Architects Act is thus a complete code in itself in so far as the architectural education is concerned. 13. We shall now turn to the provisions of the AICTE Act. Section 2(g) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... architects which includes the regulation and monitoring of the course contents and standards of education. Section 17 of the Architects Act contains a non obstante clause and provides that notwithstanding anything contained by any other law, but subject to the provisions of the Architects Act, any recognised qualification shall be a sufficient qualification for enrolment in the register. A combined reading of sections 14 to 17 and section 21 leaves no manner of doubt that in the field of architectural institutions, the Architects Act has been given overriding effect over the other laws. It is true that section 2(g) of the AICTE Act also includes architecture within the definition of technical education and an institution which offers course of architecture would be a technical institution under section 2(h). However, the scope and ambit of the AICTE Act is wide ranging and covers various programmes of education research and training other than architecture as can be seen from section 2(g) itself. The main function of the AICTE under the AICTE Act is coordinated development of technical education as defined in the said Act. It is not confined to nor is its sole or main concern arch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot co-exist even though no express provision in that behalf is found in the general law, and (iv) It is only in the absence of a provision to the contrary and of a clear inconsistency that a special law will remain wholly unaffected by a later general law. See in this connection, Maxwell on the Interpretation of Statutes, Twelfth Edition, pages 196-198." 16. Mr. Chinoy also referred to the decision in the case of Ratan Lal Adukia vs. Union of India reported in (1989) 3 SCC 537 where the Court held that Section 80 of the Railways Act is a complete, self-contained, exhaustive code in regard to the place of suing respecting suits constituting a special law for such suits. The legislative intent thus is that plaintiffs must institute suits only in the courts mentioned in Section 80 of the Railways Act for enforcement of the claims for compensation against the Railways. By necessary implication, therefore, the operation of provisions of Section 20 of the Code of Civil Procedure, 1908 and Section 18 of the Presidency Small Cause Courts Act, 1882 stands excluded. The bench observed : - "The doctrine of implied repeal is based on the postulate that the legislature which is presumed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia prior to the commencement of the Constitution. This law was thus to continue to operate till it was altered or repealed or amended by a competent legislature. Parliament in exercise of its powers under Entry 66 of List I (Union List) has enacted the 1987 Act. As already noticed above, this Act covers same field which was earlier covered by the 1948 Act, namely to lay down norms and standards for studies in the field of pharmacy. Therefore in terms of Art 372 of the Constitution, the 1987 Act to the extent it covers the same field as covered by the existing law, i.e. the 1948 Act will prevail and the provisions of the 1948 Act to that extent stand repealed or altered. Alteration, repeal or amendment contemplated by Art 372 of the Constitution may be express, i.e. the existing law may be expressly altered, repealed or amended by a competent Legislature. An existing law may also be modified by necessary implication and this can be done even by a separate enactment as in the present case. When two Acts are inconsistent or repugnant to each other, the existing law will be deemed to have been altered, repealed or amended by the later law enacted by the competent Legislature. Even wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a person to practice his profession of an architect, seek employment with the Government or take up teaching assignments. This twin objectives of prescribing standards and overseeing the maintenance of such standards involve laying down minimum standards of architectural education prescribing requirements for eligibility to course, curriculum, duration of course, practical training, proficiency at the examination, staff student ratio, qualification of teachers etc. On the other hand the focus of function of the AICTE is primarily on proper planning and coordinated development of technical education. A fair reading of sub-clauses (b), (r) and (u) of section 10 of the AICTE Act makes it clear that in respect of existing body like the Council of Architecture, the role of the AICTE is only advisory for coordination, strengthening and development of the programmes. We are therefore clearly of the view that the provisions of the Architects Act must prevail over the AICTE Act, in regard to matters of prescribing and regulating norms and standards of architectural institutions. 19. In the context of the present case it would be useful to refer to the recent decision of the Supreme Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... achieve the goal fixed by the legislature, the courts must go by the guidance of the words used and not on certain preconceived notions of ideological structure and scheme underlying the law. In the Statement of Objects and Reasons for the AICTE Act, it is specifically stated that AICTE was originally set up by a government resolution as a national expert body to advise to Central and State Governments for ensuring the coordinated development of technical education in accordance with approved standards was playing an effective role, but, "however. In recent years, a large number of private engineering colleges and polytechnics have come up in complete disregard of the guidelines, laid down by the AICTE" and taking into account the serious deficiencies of even rudimentary infrastructure necessary for imparting proper education and training and the need to maintain educational standards and curtail the growing arosion of standards statutory authority was meant to be conferred upon AICTE to play its role more effectively by enacting the AICTE Act. 8------The Act, for all purposes and throughout maintains the distinct identity and existence of "technical institutions" and "universiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AICTE vis-à-vis the universities is only advisory, recommendatory and a guiding factor and thereby subserves the cause of maintaining appropriate standards and qualitative norms and not as an authority empowered to issue and enforce any sanctions by itself, except submitting a report to UGC for appropriate action. The conscious and deliberate omission to enact any such provision in the AICTE Act in respect of universities is not only a positive indicator but should be also one of the determining factors in adjudging the status, role and activities of AICTE Vis-à-vis universities and the activities and functioning of its departments and units. All these vitally important facets with so much glaring significance of the scheme underlying the Act and the language of the various provisions seem to have escaped the notice of the learned Judges, their otherwise well - merited attention and consideration in their proper and correct perspective. The ultra-activist view articulated in M. Sambasiva Rao case on the basis of supposed intention and imagined purpose of AICTE or the Act constituting it, is uncalled for and ought to have been avoided, all the more so when such an int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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