ABSAR HUSSAIN Versus PAKISTAN

IMAM ALI G. KAZI, J.‑ ‑This petition calls in question the decision of the Pakistan Engineering Council (respondent No.2) refusing to register the petitioners as "professional engineers" on the ground that their B. Tech. (Honours) Degree has not been accepted by them as being equivalent to B.Sc. Engineering/B.E. Degrees.

2. The facts leading to the filing of the present petition briefly stated are that both the petitioners after obtaining a diploma in engineering qualified for Degree, B. Tech. (Honours), from the N.E.D. Engineering University in the year 1982.

This petition relates to the dispute raised by the petitioners relating to the recognition of B. Tech. (Pass) and B. Tech. (Honours) Degree obtained by certain holders of Diploma of Associate Engineers in Civil Technology from Sind Board of Technical Education as being equal to B.Sc. Engineering/B.E. Degree.

It is the case of the petitioners that in order to resolve the issue arising out of their such demand the then Education Minister, Government of Pakistan addressed a letter dated 26‑10‑1973 to all the Governors of the four Provinces communicating to them the decision of the Federal Government and requiring them to take steps stated therein in order to remove such grievances. The steps mentioned in that letter are reproduced as under:

"2. As envisaged in the new Education Policy, the following programme was adopted. There will be two degree courses for diploma‑holder: (i) B. Tech. (Pass) and (ii) B. Tech. (Honours).

3. Admission to the B. Tech. (Pass) course shall be subject to the candidates fulfilling the following minimum requirements:‑

(i) Three years' diploma from a Polytechnic institute in first division. .

(ii) Two years' industrial training/experience. Candidates without industrial experience shall be required to undergo one year supervised/guided practical training in industry to be arranged by the institution concerned.

(iii) Performance in the admission test.

4. B: Tech. (Pass) course will consist of a year's programme of studies at the institution. The Degree of B. Tech. (Pass) shall be treated at par with a Bachelor's Degree in Science.

5. Candidates having successfully completed B. Tech. (Pass) Degree courses will be eligible for admission to a two‑years'. B. Tech. (Honours) courses. The first year of this course will comprise supervised/guided industrial training during which the students shall be assigned specific projects relevant to their fields of study. The second year will consist of intensive study at the institution. B. Tech. (Honours) Degree shall be treated at par with B.Sc. (Engineering) /B.E. Degree."

It is further asserted that on demand of the Pakistan Diploma Engineers Federation, Ministry of Fuel and Manpower Resources, Government of Pakistan vide their office memorandum, dated 16th November, 1974 addressed to the Chief Secretaries of all the Provincial Governments also directed them to implement the decision of the Federal Education Minister. It is further asserted that such assurance was re‑confirmed by the various departments of Government of Pakistan and on the basis of such wide assurance the petitioners actually obtained degree of B. Technical (Honours) from the N.E.D. Engineering University in the year 1982 and applied to Pakistan Engineering Council for being registered as "Professional Engineers". The Pakistan Engineering Council refused to register them as "Professional Engineer" on the ground that their degrees have not been recognised as being equivalent to B.Sc. Engineering/B.E. Degrees in order to entitle them to such registration.

3. At the very out set it was pointed out to Mr. Khalid M. Ishaque, the learned counsel appearing for the petitioners that out of the two petitioners so far as the petitioner Afsar Hussain (petitioner No.1) is concerned, there is no letter from the Pakistan Engineering Council refusing to register him as professional engineer and in the absence of any such communication the petition so far it relates to him is not maintainable. Mr. Khalid Ishaque then stated that he will not be pressing the petition in respect of petitioner No.1 and the same may be dismissed in his case.

4. The only point that has been urged by Mr. Khalid Ishaque, is that petitioner on the basis of the decision of the respondent No.1 to recognise the B.Tech. (Honours) Degree as being equivalent to B.Sc. Engineering/B.E. Degree, actually took pains and obtained such degree. Thereafter, the respondents could not take any steps whereby the effect of such decisions could be nullified. In support of this proposition he has relied on the cases reported in

PLD1969SC391,PLD1961SC415,PLD1974SC180,PLD1964SC 503,PLD1979SC1,PLD1979SC32and1981 SCMR1002.

5: It is also the case of the petitioner that on the basis of the pronouncement made by Government of Pakistan that their such degrees will be treated as equivalent to B.Sc. Engineering/B.E. Degrees the petitioners acquired a vested right of being entitled to be enrolled as the "professional engineers" by the Pakistan Engineering Council.

6. A number of documents from various Departments and authorities have been filed alongwith the petition in support of the above stand taken in the petition. The following documents have been filed alongwith the petition:‑‑

(1) Letter by the then Minister of Education, Government of Pakistan dated 26‑10‑1973 addressed to the four Governors of the Provinces.

(2) Office memorandum dated 16‑11‑1984 issued by the Ministry of Fuel and Manpower Resources with copies endorsed to all the Chief Secretaries of all the Provinces.

(3) Letter dated 4‑1‑1978 addressed by Pakistan Engineering Council to all heads of Engineering Department/autonomous Bodies and organisations.

(4) Extract from the proceedings of Majlis‑e‑Shoora.

(5) Letter dated 5‑1‑1982 addressed by University Grants Commission, Islamabad to the Chairman, Pakistan B. Tech. Engineers Council, Lahore.

(6) Letter dated 30‑4‑1980 addressed to General Secretary Sui Gas Northern Gas Association, Rawalpindi by Pakistan Engineering Council.

The letter, dated 26‑10‑1973 addressed to all the four Governors of the Provinces by the then Education Minister as is evident from its contents merely communicated a Policy decision of the Ministry of Education, Government of Pakistan, directing them to have it implemented in their respective Provinces. The office. memorandum of 16th November, 1974 was issued by Ministry of Fuel, Power and Natural Resources containing the decision of the Special Committee formed to consider the grievances presented by Pakistan Diploma Engineers Federation. It merely lays down a policy for the purposes of recruitment to certain posts for which engineers holding diplomas could be held eligible and further provides for certain opportunities to enable its members to improve their academic qualifications. The letter of the Pakistan Engineering Council, dated 4th January, 1978 merely says that Pakistan Engineering Council Act will not affect those persons who are already diploma‑holders. The extract from the proceedings of Majlis‑e‑Shoora confirms the contents of the letter of the then Education Minister dated 26‑10‑1973 referred to hereinabove‑ and further clarifies that the University Grants Commission had been requested to consider the equivalence of B. Tech. (Honours) Degree with B.Sc. Engineering/B.E. Degree. The letter dated 20‑9‑1982 addressed by the Ministry of Water and Power, Government of Pakistan merely determines the ratio of appointment between the diploma holders and degree‑holders. Letter dated 5th January, 1982 addressed by University Grants Commission records a resolution of the Equivalence Committee of the University Grants Commission recognising degrees awarded by Polytechnic Institutions/Universities to be at par with B.Sc. Engineering Degrees awarded by any other institution. Letter dated Vth April, 1981 addressed by Pakistan Engineering Council explains the status of diploma‑holders vis‑a‑vis holders of B.Sc. Engineering Degree.

Above are the letters of different authorities inter woven in the petition very efficiently to create an impression that a firm decision was taken by the Government of Pakistan to recognise B. Tech. (Honours) Degree to be equivalent of B.Sc. Engineering/B.E. Degrees. In fact these are various letters from different, authorities containing decisions on different subjects on demands on behalf of diploma‑holders. Such documents in our opinion do not contain any binding decision by any competent authority authoriscd by law to recognise such degrees to be equivalent to B.Sc. Engineering/B.E. Degrees. It merely indicates that the subject was receiving consideration by different authorities for the purposes of their different problems.

It will be worthwhile to point out that Pakistan Engineering Council, the respondent No.2 herein, have been constituted under section 3 of the Pakistan Engineering Council Act, 1976 to perform the functions mentioned in its section 8. Following are the functions of the Pakistan Engineering Council specified under section 8 of the said Act:‑‑

"(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.