2010 PLP 595 (YLR)

SH. HAKIM ALI, J.

Through this single order, I intend to dispose of the following writ petitions as common questions of law and facts are involved therein;

(1) W.P. No. 2615 of 2006/BWP (Muhammad Majid Hanif v. Islamia University, Bahawalpur and others); (2) W.P. No. 1693 of 2007/BWP (Muhammad Imran and others v. Pakistan Engineering Council and others); (3) W.P. No.1716 of 2007/BWP (Kashif Murtaza and others v. Pakistan Engineering Council and others); (4) W.P. No.1745 of 2007/BWP (Farhan Nawaz and others v. Pakistan Engineering Council and others) and (5) W.P. No.1948 of 2007/BWP (Muhammad Usman Waheed and others v. Pakistan Engineering Council and others).

2. Despite repeated calls, no one on behalf of respondents Nos.3 and 4, Chairman, Pakistan Engineering Council, Ataturk Avenue (East), P.O. Box No.1296 Islamabad and the Convener Engineering Accreditation and Quality Evaluation Committee, PEC, Ataturk Avenue (East), P.O. Box No.1296, Islamabad, respectively, has appeared. Even request for adjournment has not been received. It appears that respondents Nos. 3 and 4 are not pursuing the case diligently. Many a times earlier, they were informed and asked to pursue the case but the orders of this Court make it clear that they were lingering on the case without seriously contesting it, whereas future of students was at stake in the instant case. For today, letter was issued to these respondents while the learned counsel representing these respondents also belonged to this place, but no one has opted to appear. Therefore, having no alternative, respondents Nos.3 and 4 are proceeded against ex parte.

3. Facts in brief, as found from the record and narrated by the learned counsel are that the writ petitioners had got admission in B.Sc. (Electronics Engineering) Course in University College of Engineering and Technology, Islamia University, Bahawalpur in the year 1999. After studying for full four years, in the year 2003 the writ petitioners became successful in the examination held by the Islamia University of Bahawalpur. The writ petitioners after having passed B.Sc. Electronics Engineering from the aforesaid Institution, had applied with different organizations/institutions to obtain service/job but were disappointed to know that Pakistan Engineering Council (hereinafter referred /to as PEC) had not accorded accreditation to the University College of Engineering and Technology, Islamia University, Bahawalpur. So, the petitioners applied to the Islamia University as well as to the Principal University College of Engineering and Technology, Islamia University, Bahawalpur/respondents Nos. 1 and 2 respectively and it came to the knowledge of the petitioners that Islamia University although had been striving hard for the accreditation of University College of Engineering and Technology, Islamia University Bahawalpur with PEC since 2000 but the PEC after visiting the University College of Engineering and Technology, Islamia University, Bahawalpur had not issued required accreditation for those students who had joined aforesaid Institution in the year 1999 except for the intake of the year 2003 onwards. In other words, the students of previous batch of 1999 onward till 2003 were not granted accreditation specifically without any ground or reason for declining the accreditation.

4. Learned counsel appearing on behalf of the writ petitioners submits that University College of Engineering and Technology, Islamia University, Bahawalpur has been treated discriminatory by PEC Dawood College of Engineering and Technology, Karachi, NFC Institute of Engineering and Technological Training, Bahauddin Zikaria University, Multan, Pakistan Navy Engineering College, Karachi and so many other institutions were granted accreditation by PEC with retrospective effect but the University College of Engineering and Technology, Islamia University, Bahawalpur was not granted accreditation from the year 1999. The writ petitioners and other students who had joined the University College of Engineering and Technology, Islamia University, Bahawalpur in the year 1999 and thereafter were deprived of the benefit E for which they were entitled. It may be noted here that due to this flaw, the petitioners and other students have been refused jobs in many organizations/ institutions. Learned counsel for the petitioners further submitted that in case of CECOS University of IT and Emerging Sciences, Peshawar, Writ Petition No.119 of 2004 titled "Pervaiz Afzal and others versus Pakistan Engineering Council and others) filed in the Peshawar High Court was accepted on 5-8-2004 with retrospective effect and the PEC in compliance of that order had implemented the decision in its own record.

5. Ch. Shall Muhammad Tariq, learned Assistant Advocate-General and Mr. Muhammad Amjad, Acting Principal, University College of Engineering and Technology, Islamia University, Bahawalpur has supported the case of the writ petitioners.

6. After hearing both parties it has been noticed that Islamia University had applied for accreditation in the year 2000 vide reference letter No.3977/Acad., dated 6-5-2000 but the PEC remained inaction but in the year 2007 after PEC Engineering Accreditation and Quality Evaluation Committee (EA and QEC) meeting held on May 2 & 3, 2007, University College of Engineering and Technology, Islamia, University, Bahawalpur was granted accreditation for one year (intake of Batch 2003 only) and nothing was mentioned with regard to the students who had joined University College of Engineering and Technology, Islamia University, Bahawalpur in the year 1999 and thereafter. In other words, PEC had shown slackness on its part to impart reply of acceptance or refusal even of the University College of Engineering and Technology, Islamia University, Bahawalpur with regard to these years of which session it had commenced from 1999 onward. It was the duty of PEC to accord permission of accreditation or to decline it with reasons and to inform the College about its decision. But their inaction adversely affected the future of students as well as damaged the reputation of the institution (University College of Engineering & Technology). The grant of accreditation for one year (intake of Batch of 2003 only) by PEC itself display that the University College of Engineering and Technology, Islamia University, Bahawalpur was qualifying the required and prescribed requirements necessary for the grant of accreditation to the University College of Engineering and Technology, Islamia University, Bahawalpur as no defect to lack of any requirement was pointed out by the PEC, which could have created a foundation or reason to refuse accreditation to the aforesaid University College of Engineering and Technology, Islamia University, Bahawalpur for these years. Moreover, University College of Engineering and Technology, Islamia University, Bahawalpur having applied for grant of accreditation from 1999 had fulfilled its obligation. It was now for the E PEC to take action within reasonable time. Inaction of so much long years of the PEC cannot, therefore, be approved and allowed to ruin the future of students who were not at fault and had studied for full four years by toiling day and night to gain the success and to pass the tests and examinations conducted by Islamia University, Bahawalpur. Having passed the examinations from Islamia University, Bahawalpur, students' future cannot be allowed to be marred or destroyed by PEC by not replying or refusing accreditation without giving any reason.

7. In the above-noted circumstances, I consider it just and necessary for tile interest of justice to direct PEC to allow accreditation to University College of Engineering and Technology, Islamia University, Bahawalpur specifically for the years 1999 to 2003. Accordingly, all these writ petitions are accepted and PEC is directed to grant and issue accreditation letter/certificate to University College of Engineering and Technology, Islamia University, Bahawalpur and to issue registration certificate for that Institution for the above-noted years within shortest possible time, preferably within one month from the date of receipt of order of this Court. H.B.T. /M-41/L Petition accepted.