CASE BRIEF

CASE NAME AND CASE LAW:

Council of Architecture v. Mr. Mukesh Goyal;(Civil Appeal No.
1820-1822 of 2020 arising out of SLP (C) Nos. 25524-25526 of
2014);[Section 35 and 37 in the Architects Act,1972]
FACTS:
The appeals arise out of the writ petition filed by the respondent
who was employed as Architecture cum Planning Assistant in
New Okhla Industrial Development Authority where he prayed
for getting promoted to the post of Associate Town Planner.
The authority had put out an ad to recruit for the post of
associate town planner. The Allahabad High Court held that the
Section 37 of the Architects Act does not prohibit individuals not
registered under the architects act from undertaking the
practice of architecture. The appeal was then filed in the
Supreme Court.
ISSUE:
Whether Section 37 permits individuals not registered with the
council of architecture to continue practicing the profession of
Architecture in India?
JUDGEMENT:
The Hon'ble Supreme Court on March 17th, 2020 by the 2-
judge bench of Justice D.Y. Chandrachudh and Justice Hemant
Gupta, affirmed the judgment given by the Allahabad High
Court and held that section 37 of the architects act does not
prohibit individuals not registered under the architects act from
undertaking the practice of architecture and its cognate
activities.