| Citation(s) |
|---|
| 2022 SLG 1347 2022 SLD 1347 2022 PLD 345 |
Supreme Court of Pakistan
Civil Petitions Nos. 271, 293 and 617 of 2021, decided on 18th October, 2021.
UMAR ATA BANDIAL, SYED MANSOOR ALI SHAH AND QAZI MUHAMMAD AMIN AHMAD, JJ
Barrister Haris Azmat, Advocate Supreme Court assisted by Bar. Hamid Leghari and Ch. Akhtar Ali, Advocate-on-Record for Petitioner (in C.P. No. 617 of 2021). Yasin Hatif, Advocate Supreme Court for the PEC. Nemo for Federation.
Civil Petitions Nos. 271, 293 and 617 of 2021, decided on 18th October, 2021.
UMAR ATA BANDIAL, SYED MANSOOR ALI SHAH AND QAZI MUHAMMAD AMIN AHMAD, JJ
Barrister Haris Azmat, Advocate Supreme Court assisted by Bar. Hamid Leghari and Ch. Akhtar Ali, Advocate-on-Record for Petitioner (in C.P. No. 617 of 2021). Yasin Hatif, Advocate Supreme Court for the PEC. Nemo for Federation.
CIVIL NO. 271 OF 2021 MUHAMMAD UNEEB AHMED
VS
FEDERATION OF PAKISTAN and others CIVIL NO.293 OF 2021 ABDUL REHMAN and others vs FEDERATION OF PAKISTAN and others CIVIL NO.617 OF 2021 CHENAB COLLEGE OF ENGINEERING AND TECHNOLOGY vs FEDERATION OF
Law: Pakistan Engineering Council Act, (V of 1976)
Section: 3A,25A(c),
(a) Pakistan Engineering Council Act (V of 1976)--- ----Ss. 3A , 25A(c)---B.Sc. (Engineering) program, admission to---Candidates with Diploma of Associate Engineers (‘DAE’)---Reserved quota of 2% imposed by the Pakistan Engineering Council for admission---Legality---Pakistan Engineering Council or its Governing Body is not empowered to restrict the admission of candidates with Diploma of Associate Engineers (‘DAE’) to the B.Sc. (Engineering) program by reserving 2% seats for them---Candidates holding an F.Sc. degree and DAE holders were to apply through open competition for a position in B.Sc. (Engineering), and there was no reserved quota for DAE holders---Both the said degrees are at par for admission into B.Sc. (Engineering)---Decision of Pakistan Engineering Council fixing 2% reserved seats for DAE holders is not only unsustainable under the Pakistan Engineering Council Act, 1976 but is also discriminatory. There is no provision in section 8 of the Pakistan Engineering Council Act, 1976 (‘the 1976 Act’) that authorizes the Pakistan Engineering Council (‘the Council’) to reserve admission seats to an engineering program. In the absence of any such power available with the Council, the Governing Body, which under section 3A, exercising the powers of the Council, is also unable to impose such a condition. Perusal of sections 8 and 25A of the 1976 Act shows that the Council or the Governing Body has no power or authority to prescribe reserved seats for DAE for admission into any engineering program. Decision of the Council reflected in its letter dated 25.03.2015 provides that the Governing Body of the Council has reserved seats upto a maximum of 2% for holders of DAE eligible for admission to B.Sc. (Engineering) program offered by the Engineering Institutions. This decision of the Governing Body does not find support from section 8 or 25A of the 1976 Act. Other than the fact that the Council or the Governing Body has no power to impose such a condition (of 2% reserved quota), it is also ex-facie discriminatory against the DAE holders, especially when they are considered eligible for the B.Sc. (Engineering) Program along with the F.Sc. degree holders.…
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