HC directs Centre to prescribe criteria for nominating members to Council of Architecture

State government is directed to notify criteria for nomination till Centre prescribes norms in this regard

Noticing that there is no criteria for nomination or selection of a member to the Council of Architecture from the States, the High Court of Karnataka has directed the Central government to notify criteria, like qualification and experience under the rules, which would become binding on every State government.

Also, the court directed the State government to notify the criteria for nomination/selection of a member to the council (coming under the purview of the Ministry of Education) for the ensuing vacancy from Karnataka till the Central government prescribes the criteria.

Justice M. Nagaprasanna issued the directions while disposing of a petition filed by Sharan Desai, a Bengaluru-based architect registered with the council.

“Since the council performs manifold functions, which touch upon the interest of the public in one manner or the other, the members being nominated to the council without any criteria or even without assessment of the qualification of those nominees qua other candidates would become an unguided and uncanalised power of the State,” the court observed.

To free the action of the State of any arbitrariness, it is necessary to notify the vacancy and call for applications from eligible candidates, who would be qualified to be nominated or selected in terms of the Architects Act, 1972, the court said.

The very nomination would become a tool to pick and choose at the hands of each State government in the absence of a criteria, the court said while noticing that the government did not respond to petitioner’s representation made in 2021 to consider him for nomination to the council from Karnataka.

The court directed the government to consider the case of the petitioner while making nominations to the council for the next term.