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MS. G. ROHINI, CHIEF JUSTICE:

1. These two petitions, by way of Public Interest Litigation, have been filed by the "Indian Institute of Architects", a society registered under the Societies Registration Act, 1860. It is stated that the Petitioner society was registered in the year 1917 as a voluntary organization of architects to encourage the study of architecture, to elevate the standards of architectural practice and to promote the interests of architects throughout India.

2. W.P.(C) No.8635/2016 has been filed challenging the Notice inviting e-tender dated 20.06.2016 issued by the National Building Construction Corporation Limited / Respondent No.1 herein for procurement of "comprehensive architectural services" for re-development of Pragati Maidan complex into Integrated Exhibition-cum-Convention Centre, whereas W.P.(C) No.9702/2016 has been filed challenging the in principle approval granted by the Ministry of Human Resource Development/respondent No.1 to the Indian Trade Promotion Organization (ITPO)/respondent No.2 by letter dated 26.02.2014 for engaging the services of foreign architects for the Pragati Maidan Redevelopment Project.

7. On behalf of the Respondent No.3 / Council for Architecture, Sh.Ashim Sood, while supporting the Petitioner in all respects, submitted that the Council being the regulator is the competent authority to prescribe the terms and conditions of engagement of architects and the same cannot be disturbed by NBCC.

8. We have also heard the learned counsel appearing for the Respondents No.4 and 5 in whose favour the work in question has been awarded pursuant to the impugned NIT.

9. As we could see, the Architects Act, 1972 is aimed at providing for the registration of architects and for matters connected therewith. 'Council of Architecture' has been constituted by the Central Government in terms of Section 3 of the said Act which is vested with the power for the registration of architects, holding of inquiries into the misconduct of registered architects and taking suitable actions, prescribing standards of professional conduct and etiquette and code of ethics for architects and assessment of the standard of education and training of architects within the countries. The expression 'architect' has been defined under Section 2(a) of the Act as a person whose name is entered in the register maintained under Section 23 of the Act. Sections 36 and 37 of the Act upon which the petitioner placed much reliance read as under:

(a) practice of the profession of an architect by a person designated as a "landscape architect" or "naval architect";

(b) a person who, carrying on the profession of an architect in any country outside India, undertakes the function as a consultant or designer in India for a specific project with the prior permission of the Central Government.

10. A plain reading of Sections 36 and 37 would show that the same prohibit and penalize any person falsely representing to anyone that he is an architect registered with the Council of Architecture and using the title and style of architect unless he is registered architect or a firm of architects. Apparently, these provisions are aimed at preventing any person to designate himself as architect unless he has the requisite qualifications and experience and is registered under the Act.

11. Coming to the Regulations, Section 45 of the Act empowers the Council, with the approval of the Central Government, to make regulations to carry out the purpose of the Act. As per Section 45(3), every regulation made by the Council shall be laid before each House of Parliament as specified thereunder.