Law: Pakistan Engineering Council Act, 1975

Section: 2(xxvii),2(xxv),2(xiii), 12,16

Law: Constitution of Pakistan, 1973

Section: 25

Summary This Supreme Court judgment, continuing from a 2024 SCMR 673 order, clarifies the Pakistan Engineering Council (PEC) Act, 1975's scope amid an appeal challenging an engineer's transfer. It interprets key terms like "professional engineer," "registered engineer," and "professional engineering work," ruling that the Act regulates only specific engineering practices and registrations, not government civil service policies on promotions, postings, or transfers. The Court allows the appeal, sets aside the Tribunal's order, and directs reconsideration of the appellant's case, emphasizing no violation of equality under Article 25 of the Constitution. Core Points The case stems from a transfer rescinded due to a cautionary note in Maula Bux Shaikh, prompting review of PEC Act terms against prior rulings like Fida Hussain. "Professional engineer" refers to those practicing engineering independently, offering technical advice; it excludes government employees using engineering skills in official roles. Amendments in 2011 introduced "registered engineer" for qualified engineers in public organizations, allowing them to perform professional engineering work (except independent design sign-offs) without private practice restrictions. "Professional engineering work" primarily means providing professional advice/opinions, with other tasks interpreted contextually under supervision; broad readings would disqualify millions of non-degree holders in construction roles. PEC Act does not control civil service recruitment, promotions, postings, or transfers; government retains full discretion, but must ensure professional engineering work is done only by registered/professional engineers to avoid penalties. No creation of unequal classes within cadres, as Act applies only to regulated practices, not service conditions. Appeal succeeds: Tribunal's January 2021 order set aside; respondents to reconsider appellant per this judgment and prior order. Law And Section Law/Act Section/Clause Key Provision/Interpretation Pakistan Engineering Council Act, 1975 Section 2(xxvii) Defines "registered…