1987 PLP 302 (SCMR)

SAAD SAOOD JAN, J.‑‑This is a petition for special leave to appeal from the judgment, dated 11‑6‑1986 of the Punjab Service Tribunal dismissing the appeal of the petitioner wherein he had challenged the legality of a notification issued by the Provincial Government on 15‑3‑1985.

2. The petitioner is a sub‑Engineer serving in the Irrigation Department of the Provincial Government. At the time of joining service he merely held a diploma of Associate Engineers from the Government Polytechnic Institute at Rasul. Subsequently, he improved his academic qualifications and now he holds a degree of B.Tech. (Honours) from the Government College of Technology, Rasul. By a notification, dated 8‑2‑1981 the Education Department of the Provincial Government declared this degree for the purpose of the particular specialization for which it was awarded as equivalent to the degree of B.Sc. (Engineering) granted by the University of Engineering and Technology at Lahore. Under the relevant service rules 5% of the posts in the cadre of Assistant Engineers are reserved for promotees from the rank of sub‑Engineers who possess qualifications prescribed for initial recruitment on the basis of seniority- cum‑fitness. By virtue of holding the degree of B.Tech. (Honours) the petitioner was expecting that he would be promoted against one of the aforementioned reserved posts. His expectations received a serious set back when by another Notification, dated 15‑3‑1985 the education department withdrew the notification of equivalence issued on 8‑2‑1981. It may be mentioned that he received degree of B. Tech. (Honours) in June 1985, that is, after the issuance of the 'notification of 15‑3‑1985. He challenged this notification of withdrawal before the Service Tribunal but his appeal was dismissed.

3. It appears that the diploma holders from Polytechnic Institutes had been agitating for a long time for provisions of facilities of higher education and better chances for advancement. To consider their grievances the Education Ministry in the Central Government convened a meeting, which was attended by the Directors of Technical Educations in the Provinces, Principals of Polytechnic Institutes representatives of Engineering Universities and Colleges and representatives of various associations of the Polytechnic Diploma Holders. In pursuance of the decisions taken at this meeting, the Central Government asked the Provincial Governments to start two courses for the diploma holders. The first course was to lead to the awarding of a degree of B. Tech. (Pass). This degree was to be treated as equivalent to the degree of Bachelor of Science. The second course was restricted to those who had successfully completed the first course and it was to lead to the awarding of the degree of B. Tech. (Honours). This second degree was to be treated as equivalent to the degree of B.Sc. (Engineering). In pursuance of this request of the Central Government the status of the Polytechnic Institute at Rasul was raised to that of College of Technology and the two courses as advised by the Central Government were introduced. The Notification of 8‑2‑1981 was then issued by the Provincial Education Department making the degree of B. Tech. (Honours) as equivalent to the degree of B.Sc. (Engineering).

4. Some times after the issuance of the Notification of 8‑2‑1981 the Pakistan Engineering Council advised the Provincial Government that the syllabus prescribed for B. Tech. (Honours) course was not upto the mark as it suffered from certain academic shortcomings. The Council pin‑pointed the shortcomings and recommended that persons already possessing B. Tech. (Honours) degree should undertake certain additional courses to cover up the deficiencies for obtaining a degree equivalent to B.Sc. (Engineering) degree. The Provincial Government accepted the advice of the Pakistan Engineering Council and withdrew the Notification of 8‑2‑1981.

5. It may be mentioned that the Pakistan Engineering Council is a statutory body having been constituted under the Pakistan Engineering Council Act, No.V of 1976 enacted by the Parliament. Some of its statutory functions relate to recognition of engineering qualifications for the purpose of registration of professional engineers and consulting engineers and promotion of engineering education and review of courses of studies in consultation with the Universities. It was, therefore, a proper body to advise the Provincial Government whether or not to treat the degree of B.Tech. (Honours) as equivalent to B.Sc. (Engineering). If, therefore, the Provincial Government accepted the advice of the Pakistan Engineering Council and withdrew the Notification of 8‑2‑1981 no fault can be found with its action in this regard. It is also to be noticed that it is essentially a question of policy whether a particular degree should be recognized as equivalent to another degree for the purpose of recruitment to a post within the sphere of the Provincial Government. The petitioner cannot claim a vested right in any policy, particularly, in this case when he had not even passed the examination for B.Tech. (Honours) when the Government withdrew the Notification of 8‑2‑1981. The Tribunal was, therefore, right in dismissing the appeal of the petitioner. The petition for leave to appeal is dismissed. M. I. Petition dismissed.