Architectural service rules may permit non-registered staff, but protected titles cannot be used for them.

Service rules prescribing qualifications remain within the State's policy domain, but they cannot conflict with the Architects Act, 1972. The Act protects the title and style of "Architect" for registered architects and gives statutory preference to registered architects for architect posts, yet it does not prohibit non-registered persons from performing architectural functions. On that basis, recruitment rules allowing promotion of non-architects to a post involving architectural work were not invalid merely for repugnancy. However, the designation "Assistant Architect" cannot lawfully be used for a post held by a person who is not a registered architect, and registered architects must be given statutory preference for such appointments.

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Issues: Whether the recruitment rules permitting promotion to the post of Assistant Architect without requiring registration as an Architect were invalid as repugnant to the Architects Act, 1972.

Analysis: The validity of service rules prescribing qualifications is ordinarily within the State's policy domain, but such rules cannot conflict with a parent or allied statute. The Architects Act, 1972 prohibits use of the title and style of "Architect" by anyone other than a registered architect and gives statutory preference to registered architects for appointment as architects. At the same time, the Act does not bar non-registered persons from performing architectural functions; its prohibition is directed to the use of the protected title. Therefore, the recruitment rules were not invalid merely because they allowed promotion of non-architects to a post carrying architectural functions. However, the nomenclature "Assistant Architect" could not legally be used for a post occupied by a person who is not a registered architect.

Conclusion: The recruitment rules were upheld, but the State was directed to cease using the titles "Architect" and "Assistant Architect" for non-registered persons and to accord statutory preference to registered architects for such posts.

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