COUNCIL FOR TECHNICAL EDUCATION versus SHRI PRINCE SHIVAJI MARATHA BOARDING HOUSE’S COLLEGE OF ARCHITECTURE & ORS.

Citation: [2019] 15 S.C.R. 464 · Decided: 08-11-2019 · Supreme Court of India · Bench: RANJAN GOGOI, DEEPAK GUPTA, ANIRUDDHA BOSE · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 15 S.C.R.
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
v.
SHRI PRINCE SHIVAJI MARATHA BOARDING
HOUSE’S COLLEGE OF ARCHITECTURE & ORS.
(Civil Appeal No. 364 of 2005)
NOVEMBER 08, 2019
 [RANJAN GOGOI, CJI,  DEEPAK GUPTA
AND ANIRUDDHA BOSE, JJ.]
Education/Educational Institutions – Architectural course –
Institutions running said course – Norms and standards for – Issue
as to the final authority in case of any contradiction in the opinion
of Council of Architecture (CoA) [constituted under the 1972 Act]
and All India Council for Technical Education (AICTE) [constituted
under the 1987 Act], in the matters of grant of approval to
institutions for conducting the said course and monitoring their
working – Seven matters involving similar controversy – In main
appeal C.A. No.364 of 2005, the dispute pertains to intake capacity
of the respondent-institution – CoA on carrying out inspection of
the institution in 2004 restored the intake capacity of 40 students
per year which was earlier reduced to 30 – However, the Director
of Technical Education fixed the same at 30 students on the basis
of norms fixed by AICTE – Challenged – High Court inter alia
upheld the power of CoA as the final authority for fixing the norms
and standards of institutions running course on architecture – On
appeal, held: So far as recognition of degrees and diplomas of
architecture education is concerned, the 1972 Act shall prevail –
AICTE not entitled to impose any regulatory measure in connection
with the degrees and diplomas in the subject of architecture –
Judgment of the Bombay High Court sustained in the main appeal
– In civil appeal arising out of SLP(C) No.5400 of 2011, the
process of recognition contained in the 1972 Act be implemented
in respect of the subject institution before any further admission
takes place – But, admissions already undertaken in terms of
interim orders of Supreme Court, not to be disturbed – It is so
directed, as the High Court itself directed compliance of CoA norms
and building requirements set by it was to be effected within one
year – AICTE not to have any regulatory control over the
concerned institution so far as architecture education is concerned
   [2019] 15 S.C.R. 464
464
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– Appeal arising out of SLP(C) No.8443 of 2011 is dismissed –
Further, in the appeal arising out of SLP(C) No.20460 of 2011,
decision of the Madhya Pradesh High Court issuing directions
contained in the judgment under appeal in absence of CoA being
impleaded is erroneous – However, no independent directions
issued as these appeals were heard together as batch matters and
the grievances of CoA have been addressed in the judgment – Civil
Appeals arising out of SLP(C) Nos.17005 and 17006 of 2016 are
disposed of in terms of the decision in the main appeal – In appeal
arising out of SLP(C)No.28121 of 2018, the decision of the Kerala
High Court is set aside – Institution involved is entitled to operate
with recognition obtained under the 1972 Act – Interim orders
passed in these appeals, dissolved – Architects Act, 1972 – ss.2(d),
3, 14-21, 25, 35, 43-45 – All India Council of Technical Education
Act, 1987 – ss. 2(g), 3, 10, 11, 22, 23, 25– All India Council for
Technical Education (Grant of approval for starting new technical
institutions, introduction of courses or programmes and approval
of intake capacity of seats for the courses or programmes)
Regulations, 1994 – All India Council for Technical Education
(Norms and Guidelines for Fees and guidelines for admission in
Professional Colleges) Regulations, 1994 – Council of Architecture
Regulations, 1982 – Part VIII- Clauses 29, 30 – Minimum
Standards of Architectural Education Regulations 1983 – Clauses
5, 8; Appendix B, C – Minimum Standards of Architectural
Education Regulation, 2015 – Constitution of India – Art.77 –
Interpretation of Statutes.
Interpretation of Statutes – Former and later Acts – Clashing
provisions – Overlapping provisions in the 1972 Act (under which
the Council of Architecture (CoA) is constituted) and the 1987 Act
(under which the All India Council for Technical Education (AICTE)
is constituted) on the question of grant of approval and subsequent
monitoring of architectural education – Plea on behalf of AICTE
that the 1987 Act being later statute, covering common field, the
provisions of the 1972 Act, to the extent the same deals with
architectural education, shall be deemed to have been repealed by
implication 

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