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.Petitioners
vs
State of Mah and others
Respondents
-2
Per A.P. Shah J.
1.
Rule.
2.
service.
3.
Act,
provisions
of
1987
the
(for
shot,
Architects
AICTE
Act,
1972
Act)
in
overrides
the
matter
the
of
Act
has
impliedly
repealed
the
Act which is a
provisions
of
the
no. 2
-3
students per year. On 27th August 2003 the petitioner submitted
compliance report pointing out fulfillment of all conditions as
mentioned in the inspection report. The Council of Architecture
on
the
basis
of
the
compliance
report
forwarded
by
the
the
provisions
of
the
Architects
Act
and
regulations
and
standards
of
architectural
education
falls
both
claiming
right
to
decide
architectural
educations standards.
4.
of Architecture
-4
special law dealing with the subject of architecture providing
for prescribing, regulating and maintaining of the standards of
architectural
education,
registration
of
architects,
their
urged
that
the
a special
principle
generalia
specialibus
non
the
Architecture
authority
or
autonomy
of
the
Council
of
development
of
architectural
education.
The
general
the
provisions
highest
supplement
of
them.
the
Mr
Architects
Thorat,
Act
but
appearing
at
for
the
the
submitted that the provision of the AICTE Act deal with the
same subject matter as that of the Architects Act, 1972 in so
-5
far
as
promoting,
maintaining
and
managing
standards
of
of
the
Architecture
present
case
where
the
AICTE
and
Council
of
and
norms
of
architectural
education.
It
must
all
statutorily
aspects
defined
contradistinction
regulating
of
the
the
to
the
technical
include
architectural
Architects
profession
of
education
Act
and
is
education.
essentially
Architects
which
in
deals
In
with
connection
general
special
law,
even
legislation
though
the
regarding
Architects
the
Act
Architects
might
be
profession.
legislation
vis--vis
legislation
in
Architects
relation
to
the
Act,
which
is
architectural
special
education.
-6
Immediately, we are confronted with the question as to whether
the AICTE Act is a special legislation or a general legislation
because the legal maxim generalia specialibus non derogant is
ordinarily
attracted
where
there
is
conflict
between
that earlier statute will not stand in view of the fact that
the conferral power undr the later Act deals with the same
subject matter. Maxwell on the Interpretation of Statutes (12th
Edition) summarised the doctrine of generalia specialibus non
derogant in the following words : Now if anything be certain it is this, said the
Earl of Selborne
where
there
are
capable
of
reasonable
without
extending
words
and
them
to
in
sensible
subjects
later
Act
application
specially
that
earlier
and
special
legislation
-7
in a subsequent statute the Legislature lays down
a general principle, that general principle is
not to be taken as meant to rip up what the
Legislature had before provided for individually,
unless
an
intention
to
do
so
is
specially
as
regards
all
the
rest
the
earlier
consideration
to
particular
subject.
-8
When a general Act is subsequently passed, it is
logical
to
repealed
unless
presume
or
it
that
modified
appears
Parliament
the
that
former
the
has
not
special
Act
special
Act
again
9.
general
principal
one,
subject
the
focus
matter
must
plus
the
be
on
the
particular
and
we
cannot
blur
distinctions
when
10.
is
presumption
against
repeal
by
-9
legislation. ( See Municipal Council, Palai v T J
Joseph, AIR 1963 SC 1561, Northern India Caterers
(P) Ltd v State of Punjab, AIR 1967 SC 1581,
Municipal Corpn of Delhi vs Shiv Shankar, (1971)
1 SCC 442, and Ratan Lal Adukia v Union of India,
(1989) 3 SCC 537). When the new Act contains a
repealing section mentioning the Acts which it
expressly
implied
repeals,
repeal
strengthened
(persone
on
vel
the
of
other
the
rei)
presumption
laws
principle
est
against
is
further
expressio
exclusio
unius
alterius.
(The
(1878) 3 AC 944.
The
of
an
express
provision
of
repeal
by
presumption
is,
however,
rebutted
and
provisions
of
the
later
Act
are
so
the
earlier
Act
that
the
two
cannot
stand
11.
two
Judge
Bench
of
the
Supreme
Court
in
recent
- 10
between a special law and a general law, even if both are
enacted by the same legislative authority, the special law must
displace the general law to the extent of inconsistency. The
operation of the maxim generalia specialibus non derogant has
been approved and applied by the Court in such situations.
12.
To
determine
implication
an
whether
earlier
later
statute,
it
statute
would
be
repeals
by
necessary
to
and effect
for
prescribing,
of
regulating
architectural
and
education,
maintaining
the
qualification
of
Architects.
Section
(a)
defines
the
term
time
being
included
in
the
Schedule
or
notified
under
gazette
after
consultation
with
the
Council
of
- 11
for enrolment in the register. Section 18 provides that every
authority
shall
in
India
furnish
Architecture
which
grants
relevant
recognised
information
to
qualification
the
Council
of
19
provides
for
appointment
of
Inspectors
by
the
by
any
recommending
to
architectural
Institution.
recognition
Council
college
or
the
Central
qualifications
Section
upon
of
institution
20
report
Architecture
examination,
staff
granted
the
that
the
Government
confers
of
for
by
power
accommodation
do
recognition
that
for
Executive
the
purpose
of
of
College
or
withdrawal
of
Committee
to
the
study
and
courses
of
not
conform
to
the
21
standards
empowers
of
the
Council
architectural
to
education
prescribe
required
the
for
minimum
granting
to prescribe
is
required
to
maintain
the
register
of
the
register
the
name
of
any
architect
as
provided
- 12
known
as
Minimum
Standards
of
Architectural
Education
and
periods
of
of
studies,
proficiency
and
professional
conditions
examination,
of
admission,
architectural
complete
code
in
education.
The
itself
so
in
Architects
far
as
Act
the
is
thus
architectural
education is concerned.
13.
technical
education
means
programmes
of
architecture,
town
planning
notification
declare ;
in
the
official
Gazette,
- 13
Section 2 (h) defines the words technical institution to mean
an institution, not being a University, which offers courses
or programmes of technical education, and shall include such
other
institutions
as
the
Central
Government
may,
in
instructional
qualifications,
examination
facilities,
quality
grant
staff
instructions,
approval
for
pattern,
staff
assessment
starting
new
and
technical
standards
Section
23
of
the
teaching,
AICTE
may
examination
by
and
notification
research.
in
the
Under
official
- 14
14.
architectural
qualifications.
complete
code
architects
education
The
in
and
and
profession
Architects
itself
for
specifically
Act
read
as
registration
deals
with
a
whole
and
with
recognised
is
education
the
a
of
recognised
recognised
qualification
shall
be
sufficient
that
section
2(g)
of
the
AICTE
Act
also
includes
of
education
research
and
training
other
than
of
the
AICTE
under
the
AICTE
Act
is
coordinated
is
not
confined
to
nor
is
its
sole
or
main
concern
of
architectural
education
and
recognition
of
- 15
matters are specifically dealt with by the Architects Act.
Considering
the
AICTE
we
Act,
provisions
have
no
of
the
hesitation
Architects
to
hold
Act
that
vis--vis
as
far
as
15.
The
different
counsel
bodies
submitted
(the
that
Council
of
conferral
powers
Architecture
on
two
under
the
Architects Act and AICTE under the AICTE Act) on the same
subject matter would be incongruous and destructive of the
object for which the power was conferred. AICTE Act is a later
Act and covers the same subject matter as section 19(2), 21 and
45 (e), (f) and (g) of the Architects Act, which also relate to
subscribing, regulating and maintaining of the standards of
Architectural education. It must necessarily follow that the
AICTE Act impliedly repeals the said sections of the Architects
Act. Mr. Chinoy drew our attention to a three Judge Bench
decision
of
the
Supreme
Court
in
the
case
of
Ajay
Kumar
general
conflict
rule
between
to
two
be
followed
statutes
is
in
case
that
of
other
- 16
general
law,
if
either
of
the
two
following
conditions is satisfied :
(i)
(ii)
There
is
some
express
reference
in
the
later
law,
even
though
general,
would
prevail.
39. From the text and the decisions, four tests
are deducible and these are:(i)
alter
law
already
promulgated
through
subsequent legislation,
(ii)
general
on
law.
the
See
in
this
Interpretation
of
connection,
Statutes,
- 17
16.
to
create
any
confusion
by
retaining
scope
of
conceivable
the
case,
two
the
enactments.
very
But
existence
in
of
a
two
later
set
of
provisions
is
by
itself
of
provisions
were
not
expected
to
be
- 18
applied simultaneously. Section 80 is a special
provision. It deals with certain class of suits
distinguishable on the basis of their particular
subject matters.
Two
more
decisions
cited
by
Mr.
Chinoy
in
the
cases
of
construed
that
the
earlier
law
had
been
repealed
by
of
the
expressly
includes
AICTE
Act,
Pharmacy
1987,
in
section
the
2(g)
definition
of
of
which
technical
education, the Pharmacy Act, 1948 which covers the same subject
matter
of
laying
down
norms
and
standards
for
studies
in
Article
372
of
the
Constitution
all
the
territory
of
laws
that
India
were
in
immediately
force
in
before
the
the
- 19
commencement of the Constitution shall continue
to remain in force until altered or repealed or
amended
by
competent
Legislature
or
other
existing
law
which
was
in
force
in
the
covers
the
same
field
as
covered
by
the
contemplated
by
Art
372
of
the
be
modified
by
necessary
implication
and
the
present
inconsistent
or
case.
When
repugnant
to
two
each
Acts
are
other,
the
- 20
the competent Legislature. Even when there is no
repugnancy
or
enactments,
inconsistency
the
later
law
between
the
two
enacted
by
the
of
intended
and
in
determine
technical
pharmacy
that
in
all
the
standards
institutions
the
country
technical
of
including
and
it
was
institutions
displace
constituted
the
under
authority
the
of
the
Architects
Council
Act.
It
is
of
Architecture
seen
from
the
statement of Objects and Reasons for the AICTE Act that the
- 21
AICTE was originally set up by the government resolution as
national
expert
Governments
body
for
to
advise
ensuring
the
the
Central
coordinated
and
State
development
of
large
polytechnics
number
have
of
come
private
up
in
engineering
complete
deficiencies
of
maintain
erosion
of
disregard
and
of
the
rudimentary
infrastructure
educational
standards,
even
colleges
standards
statutory
and
curtail
authority
was
the
growing
meant
to
be
architectural
qualifications
education
which
required
entitles
for
person
granting
to
recognised
practice
his
take
up
teaching
assignments.
This
twin
objectives
of
involve
architectural
eligibility
practical
laying
education
to
course,
training,
down
minimum
prescribing
curriculum,
proficiency
at
standards
requirements
duration
the
of
of
for
course,
examination,
staff
body
- 22
advisory for coordination, strengthening and development of the
programmes.
We
are
therefore
clearly
of
the
view
that
the
refer
to
the
recent
decision
of
the
Supreme
Court
in
the
Supreme
court
was
whether
the
Bharathidasan
and
Petrochemical
Management,
Engineering
Bioengineering
and
and
Technology,
Technology,
Pharmaceutical
RT
629,
and
as
consequence
thereof,
ordered
the
- 23
cancellation of the admissions made by the University. Allowing
the appeal, the Supreme Court held : 8.------When
the
legislative
intent
finds
importance
to
the
so
called
object
of
the
Act,
particularly
when
the
autonomy
their
own
of
other
assigned
activated
by
statutory
roles
some
desirabilities,
the
to
bodies,
having
perform.
Merely
assumed
courts
objects
cannot
adorn
or
the
words
employed
in
the
Act
and
adopt
an
not
on
certain
preconceived
notions
of
- 24
the AICTE Act, it is specifically stated that
AICTE
was
originally
set
up
by
government
rudimentary
infrastructure
necessary
for
to
curtail
statutory
maintain
the
educational
growing
authority
standards
arosion
was
meant
of
to
be
and
standards
conferred
university
are
also
to
be
supervised
or
institutions
and
wherever
the
roped
- 25
in
merely
only
in
refers
Section
necessary
and
to
the
10,
11
would
technical
and
be
institution
22(2)(b).
useful
to
It
is
advert
to
universities
technical
(p),
are
mentioned
institutions
(q),
(s)
conspicuous
and
and
(u)
omission
alongside
clauses
wherein
of
(k),
the
(m),
there
reference
is
to
to
clause
inspect
(p)
of
any
technical
subsection
(1)
institution
in
of
10
Section
its
standards
of
teaching,
examination
and
advise
imparting
UGC
for
declaring
technical
any
education
as
institution
a
deemed
of
guidelines,
norms
and
standards
- 26
specified by it to make recommendations to it, or
to the Council, or to the Commission of to other
bodies, regarding recognition or de-recognition
of the institution or the programme. All these
vitally important aspects go to show that AICTE
created under the Act is not intended to be an
authority
either
superior
to
or
supervise
and
upon
such
universities
merely
for
the
subserves
the
cause
of
maintaining
as
an
authority
enforce
any
submitting
empowered
sanctions
report
by
to
to
issue
itself,
UGC
for
and
except
appropriate
any
such
provision
in
the
AICTE
Act
in
but
should
be
also
one
of
the
activities
the
AICTE
activities
departments
important
of
and
facets
and
Vis--vis
universities
functioning
of
its
units.
All
these
vitally
with
so
much
glaring
- 27
significance of the scheme underlying the Act and
the language of the various provisions seem to
have escaped the notice of the learned Judges,
their
otherwise
consideration
well
in
merited
their
attention
proper
and
and
correct
inevitably
render
other
statutory
even
superpower
as
non-entities
with
by
devastating
making
role
AICTE
undermining
those
assigned
institutions
to
them
in
areas
under
and
the
spheres
respective
undermining
functioning
of
the
the
status,
existing
authority
statutory
and
bodies
in
autonomous
areas
and
which is having
- 28
Architects is advisory and recommendatory and as a guiding
factor
and
thereby
subscribing
the
cause
of
maintaining
conceive
that
the
Parliament
intend
to
abrogate
the
education,
including
qualifications
of
the
that
the
provisions
of
the
Architects
Act
are
not
Rule
is
accordingly
made
absolute
in
terms
of
prayer
- 29
8th
September, 2004