' ALI AKBAR QURESHI, J.--- The petitioner, through this petition, has questioned the validity of order dated 5-7-2010 and 6-7-2010, whereby the petitioner was terminated from service and his representation was dismissed respectively. The petitioner is also seeking a direction to respondent No.2 i.e. Chairman Higher Education Commission, Government of Pakistan, Islamabad, to issue an equivalence certificate.
2. Shortly the facts as stated in the petition, are that the petitioner who qualified B.Sc. Industrial and Manufacturing Engineering from the University of Engineering and Technology, Lahore, applied for the post of Junior Engineer, Mechanical (B.S.-17) with the respondent-department; the petitioner in response of the call, appeared in interview and produced all the documents relating to his academic qualification, and finally the petitioner was offered the post of Junior Engineer, Mechanical, on contract basis for a period of 1-Year vide appointment letter dated 1-4-2010. As contended, the petitioner started performing his duties, but during the contract period, the services of the petitioner were terminated on 5-7-2010 whereupon the petitioner filed a representation to respondent No.9 i.e. Deputy Manager (Admin), GENCO-III, Thermal Power Station, Muzaffargarh, on 6-7-2010 which was disposed of in the following manner:- "Your service contract has been terminated because of irrelevant degree of B.Sc. Industrial and Manufacturing Engineering instead of B.Sc. Mechanical Engineering. Your requested has been considered by the competent authority and it has been decided to advise you to provide the equivalence certificate issued by the Higher Education Commission, Government of Pakistan, Islamabad that the degree of Industrial and Manufacturing Engineering is equivalent to the degree of Mechanical Engineering.
' Your request for restoration in service will be considered on provision of the said document.
' This issues with the approval of CEO, GENCO-Ill
3. The petitioner in compliance of the aforesaid direction given by respondent No.9 while disposing of the representation of the petitioner, filed an application to respondent No.2 for issuance of equivalence certificate which was not issued neither the application was decided and the petitioner had to file a Constitutional Petition (W.P. No. 8193 of 2010).
' In response of the notice, Pakistan Engineering Council filed report and parawise comments, wherein it was very much mentioned, that the Industrial Engineers also cover the mainstream of Mechanical Engineering subjects. Finally, writ petition was disposed of with a direction to the respondents to act in accordance with law.
4. The petitioner also filed an appeal before the Chairman Higher Education Commission which was dismissed. Hence, this writ petition.
5. Learned counsel for the petitioner at the very outset of the arguments, has submitted, that there is only one point which requires consideration by this Court and referred Annex-K, a letter No.8- 61/HEC/A&A/2010, dated 9-7-2010, issued by the Higher Education Commission to the petitioner, which is reproduce as under:--- "With reference to your application dated July 7, 2010 on the subject, it is informed that the University of Engineering and Technology, Lahore is a chartered university in public sector. The status of B. Sc. Industrial and Manufacturing Engineering and B.Sc. Mechanical Engineering degrees is the same to the extent that these degrees are awarded after completion of 16-years education. Though, curriculum and scheme of studies of the above degrees may have some common courses but are awarded in distinct disciplines with different nomenclatures. Therefore, degrees cannot substitute each other.
' Please note that granting admission for higher education and determination of suitability in relation to job requirement rests with the admitting university and the employing agencies respectively and this commission has no role in such matters."
6. The wires of the aforesaid letter were perused with the assistance of learned counsel for the parties and it is found, that the Higher Education Commission has informed in response of an application, that the University of Engineering and Technology is a Chartered University A and the status of B.Sc. Industrial and Manufacturing Engineering and B.Sc. Mechanical Engineering degrees, is the same.
7. In this view of the matter, the petitioner has fulfilled the condition imposed by respondent No.9 while disposing of the representation of the petitioner vide order dated 6-7-2010, wherein it was required by the petitioner to provide the equivalence certificate.
8. As the petitioner has fulfilled the condition by providing the equivalence certificate of his academic qualification, therefore, the petitioner is entitled to be reinstated into service obviously in accordance with law and the rules applicable thereon.
9. The petitioner, along with this order and the other necessary documents including the equivalence certificate shall appear before respondent No.9 i.e. Deputy Manger (Admin) GENCO-III, Thermal Power Station, Muzaffargarh, who will hear the petitioner and decide the grievance in the light of the observation made in the order and the law applicable thereon.
10. With this observation, the writ petition is disposed of.