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

Section: 8(b),10,11,14,16

Law: Constitution of Pakistan, 1973

Section: 3,4,18,25,199

Pakistan Engineering Council Act, 1976-- ----Ss. 8(b), 10, 11, 14 16--Constitution of Pakistan, 1973, Arts. 3, 4, 8, 18, 25 199  was civil engineer--Application for issuance of equivalence--Refusal to grant accreditation certificate by PEC--Non-provision of discretionary powers to refusal of local or foreign engineering qualification--Non-contesting of degree of petitioner by respondent unjustly declination of equivalence certificate--There is no ambiguity in Act, 1976 and it does not provide for any discretionary power to out rightly refuse local or foreign engineering qualification, if not included in First or Second Schedule, as one of functions of Council is accreditation of engineering qualifications for purpose of registration of registered engineers, professional engineers in accordance with procedure laid down in Section 14 read with Section 10 and/or 11 of Act, 1976--Perusal of schedules to Act, 1976 shows that same have been amended from time to time to include engineering colleges, universities and qualifications in schedules--It has been observed that Respondent has not contested degree of Petitioner and its accreditation by Engineering Council UK, rather HEC in their comments have conceded that University of Salford is a chartered university and is recognized by it--It seems that PEC has not properly examined listed institutions in second schedule before refusing application of Petitioner s case was to be dealt in accordance with Second Schedule prevalent when he applied for registration as an Engineer and I am of considered view that petitioner was unjustly declined equivalence certificate and registration as an engineer as entries 111 and 181 of Second Schedule were capable to include qualification of petitioner for accreditation, however, after promulgation of S.R.O. 804(I) 2016 entries at serial 111 181 of Second Schedule more specifically entitled petitioner to be registered as an Engineer--Whereas, petitioner has been declined to be registered as an Engineer only due to non-existence of his qualification in Second Schedule which even otherwise has been incorporated through above said S.R.O--As there was no other objection except…

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