A Council of Architecture committee member's campaign to plead the official's view on some technicalities to University Grants Commission

The Hon'ble Supreme Court of India in its judgement and orders delivered on April 25, 2013 in Civil Appeal No. 1145 of 2004 and Civil Appeal No. 5736-5745 of 2004 has ruled that colleges affiliated to a University do not come under the purview of the definition of "Technical Institution" as defined under Section 2(h) of the AICTE Act, 1987.

To occupy the field UGC has proposed 'Draft regulations for control and approval of Technical and Professional Colleges 2013' . These regulations are posted on website of UGC and Suggestions and Objections are invited to reach UGC by Monday, 9th Dec 2013. 

There are provisions in these regulations that are damaging for Architecture Education. With Council of Architecture and Architects' Act 1972 in place and empowered to regulate Architecture education. Authority should not be duplicated as it happened in case of AICTE Act. 

We all must therefore submit our objections to clause 2.23 of the regulations and ask UGC to remove Architecture word from this clause, thereby remove Architecture Education from purview/ scope of these regulations. We have to act now!!

Please therefore read the regulations and submit your objection on school letterhead duly signed and scanned to Dr. K. P. Singh, Jt. Secretary, UGC on his email address [email protected] and send hard copy by post to follow up. This needs to be done on or before Monday, 9th December 2013.

Please also circulate this write upto your friends and other principals and as them to submit their objections.

Pushkar Kanvinde
Architect, Urban Designer

Please see and download the attachment, print it on your letterhead, sign and scan it. Send the scanned copy to [email protected] on or before 9th Dec 2013, followed by hard copy by speed post.1


December 7, 2013

To,

Dr. K. P. Singh
Joint Secretary,
University Grants Commission
Bahadurshah Zafar Marg,
New Delhi 110 002

Ref: Proposed Draft Regulations - UGC [Approval of Colleges offering Technical Education by Universities] Regulations, 2013.

Public Notice - F. No.14-9/2013(CPP-I I) dated 3rd December 2013

Sub: Suggestions and Objections.

Respected sir,

With respect to above referred subject, I have the following suggestions/ objections on Proposed Draft Regulations - UGC [Approval of Colleges offering Technical Education by Universities] Regulations, 2013, to submit for your perusal:

Sr

Clause

Description

Suggestion/Objection

Reason/ Remark

1

2.8

“Architect” means an Architect registered with the University of

Architecture established under the Architect Act 1972.

Word ‘University’ should be replaced with word ‘Council’, word ‘Architect’ should be replaced with word ‘Architects’’.

Architects are registered with the Council of Architecture, established under the Architects’ Act 1972.

2

2.23

“Technical Education” means Programmes of education, research and training in the areas namely engineering & technology, architecture, town planning, management, pharmacy, applied arts & crafts, hotel management and catering technology, computer applications, and such other programmes or areas as the Central Government may, in consultation with the Commission, by notification in the Official Gazette,

declare).

Word ‘Architecture’ be deleted from this definition.

Architecture education as well as profession is regulated by ‘Architects’ Act 1972. Council of Architecture, incorporated under section 3 of the Architects’ Act 1972 is empowered under section 19, 20 & 21 of the said act to regulate Architecture education. As such, proposed regulations will duplicate the authority to regulate and thus create confusion. Various high courts in past have ruled that it is Council of Architecture that shall regulate the architecture education and not AICTE. AICTE has challenged Mumbai high court judgment in Supreme Court but court has refused to grant stay. The case in its final stages. Pending outcome of this case, Architecture education should be kept out of scope of these regulations. (See Note below)

3

7.2

The list of approved nomenclature of courses at Under Graduate Degree

Program, Post Graduate Degree Program and Post Graduate Diploma Programs in Engineering & Technology / Management / Pharmacy / Architecture / Town

Planning / Hotel Management & Catering Technology and Applied Arts & Crafts is provided in the Appendix 2 of Annexure C

Word ‘Architecture’ be deleted from this clause.

Reasons same as above.

4

7.2

Provided that, Students who have completed Diploma course in Architectural Assistantship & Town Planning shall be eligible for admission to second year Architecture degree courses up to a maximum of 20% of sanctioned intake (30% for Institutions in Andaman, Nicobar, Lakhshadweep, Diu and Daman), which will be over and above, supernumerary to the approved intake.

This provision shall be removed.

Architecture course does not permit lateral entry. No candidate can be admitted directly in second year. The curriculum for the diploma courses mentioned does not cover the curriculum of First year of Bachelor’s Degree in Architecture. It also does not cover subject of Maths that is pre-requisite for admission to Architecture course.

Further, this contradicts provision in clause 7.11 which states that such students be admitted to First year.

Note: The following court judgments support my statement –

  1. Bombay High Court in its division bench judgment dated 8/9/2004 in Writ Petition No. 5942 of 2004 has held that – Architects’ Act 1972 is a special Act and the Council of Architecture is the final authority for the purpose of fixing the norms and regulating standards of Architecture education in India.
  2. Delhi High Court judgment dated 12/7/2005 in Writ petition No. 2669 of 2005 has ruled that provisions of Architects’ Act 1972 are not impliedly repealed by AICTE Act 1987. The final Authority of fixing the norms and standards for admission to the architects course and the course content would be the Council of Architecture Minimum standards 1983 which shall govern the admissions to Architecture course.
  3. Andhra Pradesh High Court in its judgment dated 12/07/2005 in Writ petition Nos. 11774 of 2003 and 14245 of 2004 has quashed the lateral entry and held that the standards of Architecture education shall be governed by the Architects’ Act 1972 alone.
  4. There are many more such judgments to support my suggestion.

Looking at these instances, I humbly request you to consider the suggestions and objections raised by me and accept the above suggestions by suitably modifying the proposed regulations.

Thanks and warm regards,

Yours,

  • 1. source: http://www.coaforum.in/viewtopic.php?f=10&t=28