1989 PLP 485 (CLC)

"(a) maintenance of a Register of persons qualified to practise as professional engineers and consulting engineers; (b) recognition of engineering qualification for the purpose of registration of professional engineers and consulting engineers; (c) removal of names from the Register and restoration to the Register of names which have been removed; (d) laying down of standards of conduct for the members; (e) safeguarding the interests of the members; (f) promotion of reforms in the engineering profession; (g) management of the funds and properties of the Council; (h) promotion of engineering education and review of courses of studies in consultation with the Universities; (i) levy and collection of fees from applicants for registration or temporary licences and members; (j) exercise of such disciplinary powers over the members and servants of the Council as may be prescribed; (k) formation of such committees as may be prescribed; and' (1) performance of all other functions connected with or ancillary or incidental, to the aforesaid functions:' "Professional Engineer" is defined in section 2(j) of the said Act which means a person who holds a recognised engineering qualification and is registered as a professional engineer. "Recognised engineering qualification" has also been defined in subsection (1), which means any of the qualifications included in the first schedule or in the second schedule. According to the Scheme of the Act, certain engineering qualifications granted by particular engineering institutions in Pakistan are included in the first schedule and certain engineering qualifications granted by engineering institutions outside Pakistan are included in the second schedule shall be recognised as engineering qualifications for the purpose of the Act as provided by section 10(1) and section 11(1) of the Act. By the provisions made in subsection (2) of section 10 of the Act, an engineering institution in Pakistan. who grants an engineering qualifications not included in the first schedule are required to apply to the Pakistan Engineering Council to have their qualifications recognised and the Pakistan Engineering Council has been authorised thereby to amend the first schedule by including such qualifications in the schedule by way of notification. 1n case of foreign engineering qualifications not included in the second schedule the same may be included in it m the similar way. From the Scheme of the Act it is thus clear that it is only the institutions that grant engineering qualifications not already included in the first schedule can apply to Pakistan Engineering Council for recognisation of their qualifications/degree and have such qualifications included in the relevant schedule. It will be worthwhile here to reproduce letter dated 30th April, 1981 addressed by Pakistan Engineering Council to the General Secretary, Sui Gas Northern Gas, Sub‑Engineers Association, Rawalpindi in order to appreciate stand taken by it so far it relates to recognisation of the degree obtained by the petitioners. The council has approved B. Tech. (lions.) as equivalent to B.Sc. Engg. which a diploma‑holder can pass after 4 years of passing the final examination in diploma. The Council has also equated AMIE examination equivalent to B.Sc. Engg. These facilities have been provided to those who want to improve their qualifications to become equivalent to B.Sc. Engg. You are advised to improve your qualifications if you wish to be registered as a Professional Engineer with the Council." While referring to this letter the Pakistan Engineering Council in their written reply have clarified that they have never recognised the degree of B.Tech. (lions.) to be equivalent to B.Sc. Engineering Degree and word "Council" used in its para. 5 was inadvertently written for ward "Government". This letter, it may further be pointed out, has been produced alongwith the petition and it deals with the issue of recruitment of diploma‑holders and those who had acquired B. Technical (Honours) Degrees vis‑a‑vis B.Sc. Engineering/B.E. Degree‑holders. This letter in no way makes any commitment that the holders of B. Technical (Honours) Degree will be recognised as persons possessing "engineering qualifications" for the purposes of Pakistan Engineering Council Act, 1976. In fact all the letters produced by the petitioners afongwith the mono. of petition mostly deal with the policy of recruitment of engineers from amongst diploma‑holders having acquired B. Technical (Honours) degrees, and B.Sc. Engineering/BE those who have acquired degrees but in no way makes any commitment that holders of the former qualification will necessarily be considered as duly qualified persons for the purposes of registration by the Pakistan Engineering Council. It may also be pointed out that the Pakistan Engineering Council after following the procedure as laid down in section 15 of the Pakistan Engineering Council Act, 1976 has been empowered thereby to withdraw recognisation of certain engineering qualifications listed in the first schedule of the Act on the grounds mentioned therein. It is, therefore, clear that the Pakistan Engineering Council has been given full discretion in recognising engineering qualifications granted by institutions not specified in the first schedule. The petitioners have further relied upon a letter, dated 5th January, 1982 addressed to the Chairman, Pakistan Technical Engineers Council, Lahore by the University Grants Commission containing a resolution of the Equivalance Committee of that Commission passed in its meeting held on 25th November, 1981. It was resolved that B. Technical (Honours) Degrees awarded by Polytechnic institutions/universities be considered at par with B.Sc. Engineering Degrees awarded by other universities/institutions in Pakistan. The University Grants Commission, is established under the University Grants Commission Act, 1974 to perform the functions mentioned in its section 8 which are as under:‑‑ "

8. 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 bodies 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 unversities and, after scrutiny, recommend to the Federal Government or a Provincial Government for grants‑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 a Provincial Government, universities and such other agencies as it may deem fit; (e) institute fellowships, 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 programmes 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 or consequential to the discharging of the aforesaid functions; (2) advise the Federal Government or 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. The recognisation of engineering qualifications is not one of the functions of the University Grants Commission and it could not legally grant such recognisation to the petitioners under the Act, being beyond its function. The resolution passed by the Equivalence Committee of the University Grants Commission could at best be considered to be the advice tendered by it. In fact University Grants Commission, as is evident from the Statute, is established mainly for the purpose of arranging financial aid by the Federal Government to various Universities and perform such other functions inviting co‑ordination work among them. The Pakistan Engineering Council by its letter, dated 26‑11‑1983 addressed to the Assistant Educational Adviser, Ministry of Education (S&T Wing) Government of Pakistan, Islamabad have. in unequivocable terms clarified that B. Tech. (Honours) Degree is not equivalent to B.Sc. (Engineering) /B.E. and also pointed out certain deficiency in that course that disentitles such recognisation. This letter contains the resolution passed unanimously pointing out the following: (1) B. Tech. (lions.) Degree is not equivalent to B.Sc. (Engg.)/B.E. (2) The deficiencies in B. Tech. (lions.) Civil, Mech. Chemical, Electrical and Electronics Degrees can be made good in a minimum period of 1 1/2 years. However, exact period can vary upto 2 years or more depending upon the individual institution, College/University. (3) As regards future permanent solution of the problems it is proposed that diploma‑holders instead of doing B. Tech. and B. Tech. (Huns.) should as regular B.Sc. (Engg.) to become Professional Engineers. (4) In order to achieve the objective it is proposed that Government should finalize the details of administrative, financial and relevant matters in consultation with Universities, UGC and others:" It also transpired that the issue of recognisation of B. Tech. (Honours) Degree to be at par with B.E. (B.Sc.) Degrees was also taken to Wafaqi Mohtasib (Ombudsman) who after examining such issue in detail rejected the complaint. The operative portion of that order reads as under; "The question of B. Tech. (Huns.) Degree was deliberated in various Committees and different levels and it was ultimately decided that the B. Tech. (Huns.) Degree. in the present stage cannot be recognized equivalent to BE/B.Sc. Engineering Degree as there are a number of deficiencies in their courses of studies. It was also decided that the students who have already qualified B. Tech. (lions.) should be allowed to complete their deficiencies in order to obtain proper degree B. Sc. Engineering in their field of specialization. This is one of those matters in which the administrative act is dependent on a technical issue which, in its control, has to be decided by a Body of Technical Experts who alone are competent to do so. Since it is a technical matter, it has to be resolved as such rather than a case of simple maladministration. In view of the report of the Pakistan Engineering Council and the fact that a policy decision has been taken by a Statutory Body, competent to take such decision, no injustice has been done and the case, is, therefore, rejected." In view of the above, it cannot be said that the respondent No.1 had taken any steps that tempted the petitioners to take further examinations as mentioned above. It cannot equally be said that the petitioners in any manner had acquired any vested right so as to entitle them to be recognised as Professional Engineers under the Pakistan Engineering Council Act, 1976. We, therefore, see no reason to either grant the declaration or issue direction to the respondent No.2 to register the petitioners as the Professional Engineers. The petition is, therefore, dismissed with no order as to costs. A.A./A‑457/K Petition dismissed.