Law: Pakistan Engineering Council Act, 1975

Section: 2(xxiii),2(xxv)

Citation(s): 2024 SLD 4300 = 2024 PLC 376(a) Pakistan Engineering Council Act, 1975 (V of 1976)-------Ss. 2(xxiii) & 2(xxv)---Punjab Communication and Works Department (Engineering Posts Qualification and Conditions Recruitment) Rules, 1985 [as amended vide Notification No. SOR-III(S&GAD)1-11/2020(A) dated 04-09-2021]---Post of Executive Engineer in Communication and Works Department---Entitlement for promotion ---Criteria---Qualification---Whether degree obtained from accredited universities or degrees of B.Tech (Hons) or BS Engineering Technology---Notification No. SOR-III(S&GAD)1-11/2020(A) dated 04-09-2021 vires of---Petitioners (Sub-Divisional Officers) having qualification of professional / registered engineers obtained from accredited universities, who expected to be promoted to the next higher post of Executive Engineer, challenged the Notification---Contention of the petitioners was that by amendments made in the Punjab Communication and Works Department (Engineering Posts Qualification and Conditions Recruitment) Rules, 1985 ('the Rules 1985') 5% quota to the post of Executive Engineer was reserved for Sub-Divisional Officers (Assistant Engineers/Directors) holding B.Tech (Hons) or BS Engineering Technology ,thus diluting the earlier 100% seats reserved for the petitioners under the Rules --- Validity ---Record revealed that, regarding present issue, a meeting of Qualification Equivalence Determination Committee (QEDC) had taken place ,having participants from all stake-holders; minutes of which (meeting) revealed that the meeting, inter alia, unanimously held that the degree of B.Tecch (Hons) was not similar to B.E./BSc Engineering and could not be equated with the same as the contents of both the degrees were altogether different ---Post of Executive Engineer could only be filled up by persons who had a degree in Engineering in the requisite discipline from a recognized University and equivalent qualification and was registered as a professional engineer with Pakistan Engineering Council (PEC) ----Thus, the Official Respondents (Government/Department) had no authority to change the criteria for granting a right of promotion to persons…

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