Case Details

Citation(s)
2008 SLG 1967 2008 SLD 1967 2008 PLD 457
Supreme Court of Pakistan
C.P.L.As. Nos. 42 and 224 to 227 of 2008, decided on 5th March, 2008., (On appeal from the judgment dated 6-12-2007 in W.Ps. Nos.2615-2006/BWP, 1693-2007/BWP, 1716-2007/BWP, 1745-2007/BWP and 1948-2007/BWP passed by the Lahore High Court, Bahawalpur Bench
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ

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CHAIRMAN PAKISTAN ENGINEERING COUNCIL, ISLAMABAD and others

VS

MUHAMMAD MAJID HANIF and others

Law:

Section:

Pakistan Engineering Council Act (V of 1976)-------Ss. 10 & 14(1)---Constitution of Pakistan (1973), Art.185(3)---Accreditation of College by Pakistan Engineering Council---College, in the present case, was granted accreditation by the Pakistan Engineering Council in the year 2007 but with the intake of batch 2003 only and nothing was mentioned with regard to the students who had joined the said college in the year, 1999 and thereafter---Matter remained under consideration, as correspondence was being made by the parties---College was granted accreditation in the year 2007 with the intake of batch of 2003 only, meaning thereby that accreditation was not prospective but it was with retrospective effect---Contention of the Pakistan Engineering Council in this behalf was that since the College was lacking in requisite qualifications/facilities prior to 2007, therefore, accreditation could not have been afforded but the argument had the germs of its own destruction for the simple reason that if the College was lacking in requisite qualifications, prior to 2007, how then accreditation could have been accorded retrospectively with the intake of the batch 2003---Decision made by the Pakistan Engineering Council, therefore, led to the clear inference that in the year 2003, too the College was not lacking in the requisite qualifications of teaching material and equipments---Inaction on the part of Pakistan Engineering Council was the main cause and future of those students (of batch 1999) who without any fault on their part had studied for full four years by toiling day and night to gain success, could not have been allowed to be marred or destroyed by the Council's refusal to accredit the College without any reason---Council had also failed to state as to how accreditation was accorded to the other colleges retrospectively---Petitions for leave to appeal by Pakistan Engineering Council having no merit, were dismissed in circumstances. Hafiz S.A. Rehman, Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioners. Muhammad Ozair Chughtai, Advocate Supreme Court/Advocate-on-Record for Respondents. Date of hearing: 5th March, 2008. JUDGMENT CH.…
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