Case Details

Citation(s)
2021 SLG 853 2021 SLD 853 2021 MLD 453
Lahore High Court
I.C.A. No. 33510 of 2019, decided on 30th November, 2020, Date of hearing: 30th November, 2020.
SHAHID BILAL HASSAN, JUSTICE, AYESHA A. MALIK, JUSTICE
Mian Muhammad Wasim, Umer Ijaz Gilani, Usama Khawar and Ms. Ruqia Ismail with Shah Jahan Khaltak, Deputy Registrar, PEC Head Quarter, Islamabad for Appellant. Malik Sohail Murshad for
Respondent No.3, Punjab Technical Board. Barrister Haris Azmat and Ba

PAKISTAN ENGINEERING COUNCIL

VS

FEDERATION OF PAKISTAN AND OTHERS

Law: Pakistan Engineering Council Act, 1975

Section: 25A

Law: Constitution of Pakistan, 1973

Section: 199

(a) Pakistan Engineering Council Act, 1975 (V of 1976)--- ----S.25A---Pakistan Engineering Council Regulations for Engineering Education in Pakistan, Regls. 2(a)(i) & 2(c)(i)---Constitution of Pakistan, Art.25---Fixation of a 2% quota for holders of Diploma of Associate Engineer (DAE) for admission in B.Sc. Engineering---Whether fixation of such quota was not legal and also discriminatory---Regulating authority for the purposes of admission in an engineering program was the Pakistan Engineering Council ('the Council'), which was duly authorized under the law as well as under the Pakistan Engineering Council Regulations for Engineering Education in Pakistan ('the Regulations') to determine the admission criteria---As far as the fixation of a 2% limit/quota was concerned, the Council on the basis of facts and deliberation in a meeting duly considered the issue pertaining to the DAE examination, the equivalence given by the Inter Board Committee of Chairmen ("IBCC") and by the Punjab Board of Technical Education ("PBTE") and decided to streamline the exercise of discretion by the different universities and colleges, so as to ensure that not more than 2% candidates holding DAE were given admission against the reserved seats---Council by way of quantifying the reserved seats had not acted in contravention to the Pakistan Engineering Council Act, 1976 or the Regulations or acted discriminately---Intra-Court Appeals were allowed and impugned judgment of Single Bench of High Court was set-aside. Section 25A of the Pakistan Engineering Council Act, 1976 ('the 1976 Act') gave the Governing Body of the Pakistan Engineering Council ('the Council') the power to make regulations which included the power to make regulations stipulating the minimum qualifications for admission to engineering institutions and laying down the minimum standard for allowing admission for examinations. Pursuant to section 25A of the 1976 Act, the Council issued the Pakistan Engineering Council Regulations for Engineering Education in Pakistan ('the Regulations'). Article 2 of the said Regulations provided for the minimum qualification for admission to Engineering Bachelor's Degree Programmes…
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