Law: Specific Relief Act, 1877 (I of 1877)--

Section: 9, 20

Pakistan Engineering Council Act, 1975 (V of 1976)-- ----Ss. 2 & 8--Constitution of Pakistan, 1973, Art. 199--Writ Petition filed by respondent was allowed while filed by appellant was dismissed--Admission in M.Sc. Degree Program--Recruitment for post of Assistant Executive Engineer--Promotion from LS-1 to SDO--Rejection of candidature--Non-provision of registration certificate--Admission criteria--No equivalence of engineering and technology qualification--Mandate of accreditation and registration--Sole discretion of employee--Violation of law--The petitioner failed to achieve admission criteria and hence, he was not entitled to admission--It was neither fair nor just or equitable to interfere into affairs falling into exclusive domain of university and its academia, High Court was not justified to intervene in admission policy which did not seem to be discriminatory or unlawful but was a fair benchmark for applying for admission in M.Sc. Degree Programme--The PEC persistently expressed to HEC that engineering and technology qualifications are two distinct streams of engineering profession and could not be considered equivalent--The degree of B.Tech. (Hons.) is not equivalent to B.E. degree but both were two distinct disciplines of knowledge in field of Engineering and Technology with distinct syllabi and programme objectives but may be treated at par for recruitment, pay scales and grades--The formation of NTC and conferring mandate of accreditation and registration by itself was sufficient to comprehend that in order to end that long standing dispute or controversy, NTC had been constituted parallel to PEC for accreditation and registration of Engineering Technologis--The essential qualifications for appointment to any post was sole discretion and decision of employer--The employer may prescribe required qualifications and preference for appointment of candidate who is best suited to his requirements--The Court cannot set down guidelines or conditions of eligibility or fitness for appointment or promotion to any particular post--In no case can Court, in garb of judicial review, seize chair of appointing authority to decide what is best for employer and…

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