1989 PLP 3548 (MLD)

Qadir H. Sayeed Dy. A.-G. (on Court Notice). Date of hearing: 22nd December, 1988. AJMAL MIAN, CJ. --By this common judgment we intend to dispose of the above petitions. The grievance of the petitioners in the above petitions is that some of the diploma-holders from USSR have been treated equivalent to M.Sc. Engineering and thereby causing prejudice to the petitioners. The petitioners through these petitions have prayed for two paryers, namely, the declaration that Diploma in Engineering subjects from USSR is equivalent to B.Sc. Engineering Degree and to direct the respondents 1, 2 and 3 to treat the above Diploma with B.Sc. Engineering of Pakistan University with all purposes. The stand taken by the Pakistan Engineering Council which is represented by Mr. K.A. Wahab and the University Grants Commission which is represented by Mr. Rehanul Hassan Farooqui is that the above Diploma Holders have been treated equivalent to B.Sc. Engineering. However the stand taken by respondent No.1, the Federal Government and respondent No, 3, the Chairman Pakistan Steel Mills is that under the protocol signed between the Government of Pakistan and the USSR, the Diploma Holders were to be treated as equivalent to M.Sc. Engineering and, therefore, they are treated as such. Mr. M. G. Dastgir has also submitted that Pakistan Engineering Council treated the above diploma equivalent to M.Sc. Engineering upto recently. We may make it clear that the present judgment would not affect the right of any person who is not before us and it will be open to any person who is adversely affected by the above stand of the Pakistan Engineering Council and the University Grants Commission to agitate the above question before them or before any other competent forum in accordance with law. Nor we are deciding the question of seniority or promotion inter se between the petitioners and the aforesaid Diploma-Holders as they are not before us. The only point for consideration before us is as to whether the above diploma from USSR is to be treated equivalent to B.Sc. Engineering or M.Sc. Engineering. There are two enactments which have been referred to before us, one is the Pakistan Engineering Council Act 1976, the other is University Grants Commission Act 1974. Under Sections 10 and 11 of the former Act, the Pakistan Engineering Council has been empowered to accord recognition inter alia to any foreign qualification, whereas, under Section 8 of the latter Act the Grants Commission has been empowered inter alia to deal with the following educational matters, namely: "Function of the Commission. For the promotion and co-ordination of university education, the determination and maintenance of standard of teaching, examination and research in universities, the promotion, of national unity and solidarity, the orientation of university programmes to national needs, the Commission may.--(1) in consultation with the Federal Government, a Provincial Government or the university or other body concerned, (a) inquire into the financial needs of the universities and prepare quinquennial programmes for their development; (b) allocate and disburse, out of the fund, grants to the universities for their approved projects and ensure the proper utilisation of such grants; (c) receive schemes and requests from the universities and, after scrutiny, recommended to the Federal Government or a Provincial Government for grant-in-aid; (d) collect information and data on all such matters relating to university education in Pakistan and other countries as it thinks fit and make the same available to the Federal Government or Provincial Government, universities and such other agencies as it may deem fit; (c) institute followships, scholarships and visiting professorships in various universities of Pakistan; (f) support and co?ordinate the research programmes of the universities; (g) support and promote extra mural and extra-curricular activities at inter, university level; (h) supervise generally the academic programme and development of various institutions of higher learning and education in the country; (i) recommend to the universities the measures necessary for the improvement of university education; and (j) perform such other functions, not inconsistent with the provisions of this Act, as may be prescribed or as may be incidental consequential to the discharging of the functions; (2) advise the Federal Government or a Provincial Government--(a) on the establishment of a new university or the expansion of the activities of an existing university or promotion of higher education and (b) on any question which may be referred to it; (3) bring to the notice of the Federal Government or a Provincial Government the problems of teachers and students and recommend measures for solution thereof; and (4) perform such other functions as the Controlling Authority may assign to it." Mr. M.G. Dastgir, advocate, has not been able to point out any other provision of law under which either respondent 1 or respondent 3 has been empowered to adjudicate upon the above question. He has made a reference to clauses 4 and 7 of the Protocol. In our view, it is for the Pakistan Engineering Council or for the University Grants Commission to take into consideration the above clauses of the protocol but simpliciter the above clauses would not divest the powers of the Pakistan Engineering Council or the University Grants Commission to deal with the above matter. Since both the above authorities, namely, Pakistan Engineering Council and the University Grants Commission have taken stand before us that the above diploma has been treated equivalent to B.Sc. Engineering and as there is no other authoritative decision by any other authority under the law, we would, therefore, subject to the above observation and reservation of the rights of the persons who are not before us would hold that the above diploma today stands equivalent to B.Sc. Engineering. The petition stands disposed of with the above observation with no order as to costs. H.B.T./A-528/8 Order accordingly.