1994 PLP 1840 (MLD)

In this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan the petitioners have prayed as follows:

(a) Respondent No.2 (Pakistan Engineering Council) may kindly be directed to perform its statutory duty under section 27 of the Pakistan Engineering Council Act, 1975, so as to take actions both against the employer and the employee for violating the provisions of the said Act. (b) Respondents Nos.4 to 15 may kindly be required to show cause under what authority of law said respondents are undertaking professional engineering works in the discipline of civil engineering, without being qualified in the said discipline or registered in the said discipline with the Pakistan Engineering Council. They may kindly be restrained from undertaking professional engineering works in the discipline of civil engineering. (c) Respondent No.3, may also kindly be directed to employ for the execution of civil works only those persons who are qualified in the said discipline and are registered with the Pakistan Engineering Council in the discipline of civil engineering. 2 The case of the petitioners is that respondents Nos.4 to 15 who are her electrical or mechanical engineers by qualifications and are registered with Pakistan Engineering Council in the said discipline, are undertaking the Professional work of civil engineering for which they are neither qualified nor registered in the said discipline, therefore, there is a violation of the Pakistan Engineering Council Act, 1975.

3. A similar question arose in the case of Muhammad Azim Jamali and others v. Government of Pakistan through Secretary/Chairman, Ministry of Railways and others 1992 PLC (C.S.)

637. The writ petition was, however dismissed per majority view:

"A careful reading of subsections (1) and (2) of section 27 of the Act will show that the penalties prescribed in the section are attracted, only against those persons who are not registered under the Act but undertake any professional engineer work as defined in the Act. Similarly, the person who employs a person who is not registered under the Act, on a professional engineer work, is equally liable for punishment under the Act. The above provisions are wide enough to include the cases of those persons who may be employed in any private or Governmental organization and are called upon to undertake any professional engineer work. The provisions of the Act, regarding registration of professional engineer and consulting engineer therefore, in my view, would not be applicable to the persons serving as engineer with the Railways, as in course of their such employment they neither act as professional engineer' nor as `consulting engineer'. However, if such persons undertake any professional engineer work as defined under the Act, then the provisions regarding registration under the Act will be attracted and they could also be punished in accordance with the provisions of section 27 of the Act for violating the provisions of the Act.

4. When faced with this, Syed Jamshed Ali, learned counsel for the petitioner, was unable to cite any decision contrary to the rule laid down in the case of Muhammad Azim Jamali (supra).?? 6 In view of the above, the writ petition fails and is hereby dismissed with no order as to costs. H.B.T./S-476/L??????????????????????????????????????????????????????????????????????????????????? Petition dismissed.