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Dear Sir / Madam.
I have to inform you that a Writ Petition bearing no. 5942 of 2004 was
filed by Shri Prince Shivaji Maratha Boarding House's College of
Architecture, Kolhapur & Another against State of Maharashtra, All India
Council for Technical Education constituted under the AICTE Act, 1987
and Council of .Architecture constituted under the Architects Act, 1972,
in the High Court of Judicature at Bombay. I am pleased to enclose
herewith a copy of the judgment dated 81b September, 2004 delivered by
The Division Bench of Bombay High Court comprising Justice Mr. A.P. Shah
and Justice Mr. S. U. Kamdar, in the above matter. In this landmark
judgment the court has ruled that the 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 architectural
education in India.
The Hon'ble Court has further held that as far as Architectural
Education is concerned, the Architects Act, 1972 is a special
legislation and the AICTE Act is a general legislation and therefore the
provisions of the AICTE Act to lay down functions for technical
education generally cannot be construed to disp1ace the authority of the
Council of Architecture constituted under the Architects Act, 1972.
Further, the court has applied the Legal Maxim "generalia specialibus
non derogant" in the instant case. The court observed that the doctrine
of implied repeal by a later act is not applicable as Architects Act,
1972 is a complete code in itself for registration and education of
architects specificaJ1y deals with recognized qualifications for
architects includes the regulation and monitoring of the course contents
and standards of education. The Court has held that on combined reading
of Sections 14 to 17 and Section 21of the Architects Act, 1972 leaves no
manner of doubt that in the field of architectural institutions the
Architects Act has been given overriding effect over the other laws.
This is for favour of your information and necessary action.
Encl : As above