Case Details

Citation(s)
2024 SLG 2952 2024 SLD 2952 2024 SCMR 956
Supreme Court of Pakistan
Civil Appeal No. 1471 of 2013 and Civil Appeal No.53 of2014, Civil Appeals Nos. 187 to 191 of 2018 and C.M.A.5008of 2014 in C.A. No.1471 of 2013, decided on 15th February,2024.. CIVIL APPEAL NO. 1471 OF 2013 AND CIVIL APPEAL NO.53OF 2014 (AGAINST THE
PRESENT: QAZI FAEZ ISA, CJ, MUHAMMAD ALI MAZHAR AND MUSARRAT HILALI, JJ
For the Appellants: Waseem-ud-Din Khattak, Advocate Supreme Court (in C.A. No. 1471 of 2013). Rashdeen Nawaz Qasoori, Addl.AGP (in C.A. No. 53 of 2014). Abdul Razzaq Raja, Advocate Supreme Court (in C.As. Nos. 187 and 188 of 2018). Hafiz Hafiz ur Rehman,

PAKISTAN ENGINEERING COUNCIL THROUGH ITS CHAIRMAN AND OTHERS---APPELLANTS

VS

MUHAMMAD SADIQ AND OTHERS---RESPONDENTS

Law:

Section:

(a) Educational institution--- ----Admissions policy---Eligibility criteria---Judicial review---Scope---In the affairs of admission and examination in educational institutions, the concerned authorities are vested with the powers and jurisdiction to lay down the eligibility criteria in their own rules, regulations, or prospectus---They are independent to follow their own policy for admission, and in other affairs, therefore, the academic, administrative, and disciplinary autonomy of a university must be respected---Interference by the courts in the admission policy would give rise to glitches for the said institutions to administer the matters harmoniously and efficiently---Educational institutions are competent to manage their own affairs without any outside intervention from executive or judicial organs unless they contravene or disregard the compass of their authority or act in breach of applicable statutes or admission policies as laid down in the prospectus. Noor Muhammad Khan Marwat v. Vice Chancellor, Gomal University PLD 2001 SC 219; Muhammad Ilyas v. Bahauddin Zakariya University 2005 SCMR 961; Secretary Economic Affairs Division, Islamabad v. Anwarul-Haq Ahmed 2013 SCMR 1687; Murad Ali Khan v. Vice Chancellor, University of Health Sciences, Lahore 2016 SCMR 134 and Khyber Medical University and others v. Aimal Khan and others PLD 2022 SC 92 ref. (b) Pakistan Engineering Council Act, 1975 (V of 1976)--- ----Ss. 10 & 14---Regulations for Engineering Education in Pakistan, 1985 (issued via Notification S.R.O.1142(I)/85 dated 20-11-1985), Art. 2(c)(ii)---B.Tech. (Hons.) degree and B.Sc. Engineering degree---Distinction---B.Tech. (Hons.) qualification is not equivalent to B.Sc. Engineering degree---According to Pakistan Engineering Council (PEC), B.Tech. courses are implementation oriented and B.Sc. engineering courses are design and research oriented---Both qualifications are also regulated internationally through two separate accords---Bachelor of Science in Engineering emphasizes theories and advanced concepts, while an Engineering Technology degree emphasizes hands-on application and implementation with the major difference that B.E. is more…
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