Case Details

Citation(s)
2013 SLG 1421 2013 SLD 1421 2013 MLD 1004
Peshawar High Court
Writ Petition No. 1124 of 2006, decision & hearing Dated: 21-02-2013.
KHALID MEHMOOD, JUSTICE MRS. IRSHAD QAISER, JUSTICE
Syed Arshad Ali for Petitioner. Muhammad Ali and Fawad Salik for
Respondents. Lal Jan Khattak, A.A.G. for the State.

MUHAMMAD SADIQ, LECTURER

VS

GOVERNMENT OF PAKISTAN THROUGH SECRETARY MINISTRY OF EDUCATION AND 8 OTHERS

Law: Pakistan Engineering Council Act, (V of 1976)

Section: 8

Law: Constitution of Pakistan, 1973

Section: 199

(a) Pakistan Engineering Council Act (V of 1976)--- ----S.8---Constitution of Pakistan, Art.199---Constitutional petition---Engineering Council, functions of---Professional degree---Determination of status---Petitioner was holding B.Tech (Hons) degree and his grievance was that University had cancelled his admission---Validity---Engineering Council described that B.Tech (Hons) was not similar to B.E./B.Sc. Engineering but it could be considered as parallel to degree of B.E./B.Sc. Engineering---Both the degrees were of distinct disciplines of knowledge in field of engineering and technology but for the purpose of service, seniority and promotion, they were considered equally---Entire record produced by Higher Education Commission and Pakistan Engineering Council was silent regarding declaring B.Tech (Hons) not equivalent to B.E./B.Sc. Engineering for the purpose of admission and further education---Both the degrees related to science in the area of engineering under the law---Only competent authority to declare status of degree was Pakistan Engineering Council but authorities failed to produce any record through which it could be ascertained that B.Tech (Hons) was not equivalent to B.E./B.Sc. Engineering---Petition was allowed accordingly. (b) Words and phrases--- ----"Equivalent"---Defined. Black's Law Dictionary rel. (c) Words and phrases--- ----"Parallel"---Defined. Chambers 20th Century Dictionary rel. THIS JUDGMENT DELIVERED BY: KHALID MEHMOOD, JUSTICE:---.--- Petitioner Muhammad Sadiq, Lecturer, Government College of Technology, Peshawar had challenged the Notification dated 12-6-2006 issued by the Dean, Faculty of Engineering, University of Engineering and Technology, Peshawar in writ jurisdiction before this Court. This Court allowed the same to the extent of declaring the impugned Notification dated 12-6-2006 in respect of cancellation of admission of the petitioner as wrong, unjustified and against the principle of natural justice, whereas, dismiss the writ petition of the petitioner in respect of issuing directions to respondent No.2, to register the petitioner as Professional Engineer vide judgment dated 11-1-2011. 2. Aggrieved by the order of this…
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