' ROOH-UL-AMIN KHAN, J.--- Petitioners through the instant petition seek the following relief: "on acceptance of this writ petition the respondents No.4 Pakistan Engineering Council may please be directed and sanction accreditation to register the petitioner as a professional Engineer. It is further prayed that the acts of the respondents in terms of denial of the accreditation to the petitioner may also be declared null and void and respondents be directed in regard to issue accreditation to petitioner as the petitioner has already fulfil all the prerequisite for accreditation.
Any other relief which this Hon'ble Court deems appropriate in the circumstances of this case and which is not specifically asked for may please also be granted to the petitioner."
2. Brief facts as per averment of the writ petition are that petitioner being graduate of BSC Computer System Engineering from University of Engineering and Technology, Peshawar got admission in Peshawar College of Engineering "College" Kohat road Peshawar for computer system engineering program "Program" session-2005. The college according to prospectus for the year 2004 and onward is affiliated with Khyber Pakhtunkhwa University of Engineering and Technology "UET" or "University" and at the time of admission they were assured by the college authorities that the program was accredited by Pakistan Engineering Council. On completion of their study, petitioner approached. Vice-Chancellor of University with regard to the accreditation by Pakistan Engineering Council, Islamabad but in vain. Thus they complained the Chief Executive/Chief Minister of the province for redressal of their grievance, but it also bore no fruit. Hence this petition on the ground that they have studied in private sector college affiliated with Khyber Pakhtunkhwa University of Engineering and Technology and the Pakistan Engineering Council is duty bound to register them as professional engineer.
3. Initially, pre-admission notice was issued to respondents with direction to file para-wise comments to the writ petition. Respondents Nos.2 and 4 in compliance of the Court order filed the requisite comments, however the respondent No.3 was adamant to do the needful, therefore, was personally summoned who appeared on 10.2.2016 and sought time to file his reply which were filed accordingly, wherein it was asserted that the college authority had made hectic efforts for accreditation of the batch of Computer System Engineering program but it was turned down by the Pakistan Engineering Council on the ground the EA&QEC will discuss the issue with Vice- Chancellor, University of Engineering and Technology, Peshawar and then decision will be communicated to the college authority. It was further averred that the Peshawar College of Engineering was initially owned. By the then sitting Dean of UET under the name of Z. Fast (Pvt.)
Limited company and then purchased by Engineer Muhammad Amin Afridi vide agreement deed dated 4.4.2013, wherein the previous owner (Dean of University of Engineering and Technology, Peshawar) has categorically accepted the responsibility and liability of judicial, financial, criminal cases, audit, taxes or any other pending issues (including affiliation and accreditation) accrued before the date of signing of the agreement.
4. Having heard the learned counsel for the parties, perusal of record would reveal that Peshawar College of Engineering affiliated with the Khyber Pakhtunkhwa University of Engineering and Technology granted admission to petitioners for Computer System Engineer program in the session 2005. Initially the college authority approached the Pakistan Engineering Council through prescribed proforma for accreditation of the Computer System Engineering Program, which was placed before the accreditation committee who did not grant permission to the batch of 2005 due to certain short fall being found in the visit conducted by authorities of PEC. Thereafter the college authority remained busy in imparting the education in CSEP, brushing aside the essential issue of accreditation, which could not be resolved and ultimately the students/petitioners were left on mercy of Almighty God.
5. According to Pakistan Engineering Council Act, 1976 and rules thereunder, it is incumbent upon all the engineering institutions to be registered with the Pakistan Engineering Council. It inherently entail and imply that the engineering graduate must get the engineering degree from a college, accredited by the Pakistan Engineering Council. Similarly, all courses, studies and programmes shall also require to be accredited by the Pakistan Engineering Council. For starting an engineering program at an institution or establishing an engineering institution, it is binding upon it to adhere to the role of Pakistan Engineering Council and essential requirement for accreditation of its program, courses and degrees, because accreditation is not merely a formality rather it is a proof that a collegiate program has met standards essential to produce graduate ready to enter the critical field of applied science, computing, engineering and engineering technology.
6. Undisputedly, the Pakistan Engineering Council is an autonomous body and its functions are enumerated by the Act, 1976. Grant of accreditation to the Engineering program of Universities and registration of engineer is the sole duty of the Pakistan Engineering Council. Section 14 of Act ibid provides procedure for accreditation of engineering institution which is reproduced below:-- "Section 14. Accreditation of engineering institutions:
(1) The Council shall constitute an Accreditation Committee for organizing and carrying out a comprehensive program of accreditation of engineering universities, colleges and institutions etc, according to the criteria approved by the Governing Body in consultation with Higher Education Commission.
(2) The curricula of courses of studies in various disciplines of engineering and minimum level and standard of such courses including lectures, laboratory, design, drawing and field work shall be examined and scrutinized by the Accreditation Committee who shall submit its report to the Governing Body for approval."
7. Bare reading of the above section would make it abundantly clear that the accreditation committee for accreditation of college and institution shall take into consideration all essential requirement by the college and institution regarding the curricula of courses of studies in various disciplines and standard of such courses including the teaching faculty, infrastructure, syllabus, laboratory and equipments, admission criteria, fees structure and scholarship, library facilities, financial aspects etc. Similarly section 16(1) provides that the Pakistan Engineering Council shall maintain a register in the prescribed manner wherein the name and other particulars of a person possessing accredited engineering qualification shall be entered. Section 27 of the Act ibid prescribes that any professional engineer, working without registration with the council would be a criminal offence.
8. No doubt the petitioners have remained student of Peshawar College of Engineering which is affiliated college of University of Engineering and Technology which has conducted all the examinations/ students studies in the college and has declared their result, so much so, has awarded degree to the successful students, but neither their course nor the institution, where they studied was accredited by the Pakistan Engineering Council. As quoted above the accreditation of college, institution or program is governed by the statute and regulation and is invested in the Pakistan Engineering Council. It is to be granted on annual basis on the recommendation of accreditation committee after approval of governing board subject to fulfillment of criteria laid down in the rules and guidelines provided for establishment of engineering program in Pakistan, which is lacking in the instant case. Admittedly, during studies, the petitioners have never bothered to ask the college authorities or university or to approach the Pakistan Engineering Council with regard to their accreditation. The petitioners have placed on file certain correspondence between the college authority and PEC in support of their claim which are hardly beneficial or advantageous to the petitioners, because all the above referred to correspondence have properly been replied by the Pakistan Engineering Council, on each occasion. It was in the knowledge of the college authority that the Computer Engineering Program was not recognized by the Engineering Council even then they by keeping the petitioners in dark continued their studies till its finalization and at the bloom of career were left helpless and in state of deprivation. During the course of arguments some of the petitioners came to the rostrum in anguish and sorrowful state of feeling and infliction and admitted the fact that the college authorities have charged every student for a huge amount, for each semester, however, all the time they were deceived by giving them a lollipop of vain hopes that the accreditation is in process and be resolved before completion of the course.
9. Be it may without dilating upon the role of the college, which was initially established by the inservice Dean of University of Engineering and Technology, Peshawar and later on was sold out to respondent No.3, suffice it to say that this Court in exercise of constitutional jurisdiction cannot assume the role of accreditation committee in registration of the petitioners. Completion of studies and getting the degree in the concerned program from University of Engineering and Technology, Peshawar would neither confer vested right on the petitioner to claim recognition as professional engineer nor the Pakistan Engineering Council is bound to grant accreditation or registration and that too by bypassing all the statutory provisions and rules. In such eventuality the august Supreme Court of Pakistan in case titled "Muhammad Siddique v. University f Sindh PLD 1996 SC 182 was pleased to rule as under:--- "Apart from that, in the exercise of its Constitutional jurisdiction the High Court does not sit as a Court of appeal over the decisions of statutory bodies. In this case the appellant Council consists of some very senior and respected members of the medical profession including the Principles of Medical Colleges. Quite a few of them have a first-hand knowledge of the quality of excellence provided by the various medical institutions, both inside and outside the country. It is difficult to believe that while refusing to Recommend recognition of the fellowship of American Medical Society as an additional medical qualification the members of the appellant Council were not aware of the academic and clinical attainments of those who were admitted thereto. The declaration granted by the High Court has the effect of overriding the considered opinion of persons who are the most qualified in the field to assess the professional excellence on the basis of which the fellowship is awarded. The observation of the High Court in the earlier petitions preferred by Dr. Durri Kamil have no relevance to the litigation between the appellant and the respondents for the reason that the appellant was not a party to those proceedings and as such its views were not before the Court. Accordingly, we accept this appeal and withdraw the writ issued by the Court. There will be no order as to costs.
' We are inclined to hold that the High Court in exercise of its Constitutional jurisdiction cannot sit as a Court of appeal over the decision of a body incorporated under the statutes for deciding the question, whether a particular qualification is to be recognized under the relevant statute. The fact that Sindh University, or the University Grants Commission or the Government of Pakistan treats a particular qualification equivalent to a particular professional qualification, will not be relevant for the purpose of decision by the authority concerned under the relevant statute. So, the decision of Sindh University to treat M. Sc. (Communications) or M. Sc. (Electronics) as engineering qualification will not be binding on Pakistan Engineering Council, nor the decision of the Government of Pakistan that B. Tech. (Honours) will be equivalent to Bachelor of Engineering, would be binding on Pakistan Engineering Council, which has to decide the question under the Act without being influenced by the decision of any other body or authority."
10. From the above, it is manifest that the PEC has not acted against the law on the subject and the Act of 1976 while not granting the accreditation to the computer program of Peshawar Engineering College rather they have made proper compliance of law. On conclusion of arguments of learned counsel for the parties, on Court query learned counsel for respondent No.4 agreed for alternate remedial course but this offer was straight away rejected by petitioners and preferred the. Decision of the writ petition on merit.
11. For the reasons discussed above, this petition being without any merit is hereby dismissed.
12. Before parting with the judgment, we deem it obligatory to emphasize here the role of universities and its affiliated colleges, Pakistan Engineering Council and Higher Education Commission. There is no cavil to the proposition that universities are seat of learning not only enable the future generation to equip them with the degrees/ practical tool but to earn livelihood and also enrich them with learning and wisdom in practical life. To achieve its objects the universities function in collaboration with Higher Education Commission of Pakistan (formerly the University Grant Commission) which is the primary regulatory authority for uplifting the standard of Higher Education in Pakistan. It is responsible for implementation and promotion of higher education, research and development skill in the country. Section 10 of Higher Education Commission Ordinance, 2002 empowers the Higher Education Commission to formulate guidelines and priorities for higher education institution for promotion of social economic development of the country. Similarly, it is the foremost duty of the Higher Education Commission to carry out accredication of institutions including their departments faculties and disciplines by giving them appropriate rating. The commission is equally under obligation to build capacity of existing councils and bodies in order to enforce reliability and the valuation carried out them to advise the federal government and Provincial Government for granting a charter to award degree in both public and private sector. The commission has the power to review and examine financial requirement of public sector institution and provide fund to these institutions on the basis of annual recurrence needs as well for development project and research based on specific proposal and performance and while approving fund for public sector institution the commission shall ensure that proportion of the resources of institution are allocated to research support and library.
Likewise the Pakistan Engineering Council has an important role in recognition, accreditation and registration of the engineering institution and its students respectively. All the graduates of the engineering council are under legal obligation to be registered with the Pakistan Engineering Council prior to seeking employment in Pakistan. Under section 16 of Pakistan Engineering Council Act, 1975, the Council shall maintain a Register in which shall be entered the names and other Particulars of persons, possessing accredited engineering qualification whose application for registration as registered engineers, professional engineers, consulting engineers, contractor and operator are, from time to time, granted by Council, whereas under section 27 of the Act ibid, undertaking of "Professional Engineering Work" without registration with the Council has been made a punishable offence.
13. All the above referred institutions play pivotal role in either imparting education in engineering and technology or uplifting the degrees in the engineering and technology on the pattern of advance countries where a good mix of excellent universities are functioning in the public and private sector, however perusal of the statutes of each autonomous institution i.e. Higher Education Commission, Pakistan Engineering Council, Universities and their affiliated colleges have no collaboration with each other, rather run traitorously. In the last few decades, the mushroom growth of educational institution has converted the sacred profession of teaching into the commercial industry which is mostly diverted to encourage acquiring and earning wealth in shape of monetary value instead of committing to academic excellence. The trivial of earning money has played pivotal role in devastation of the education system, particularly on professional region, identified as medical and engineering. The uncontrolled grant of degrees from the private affiliated colleges has attained the role of saleble commodities which is not only injurious to the students but also destructive for the State's policies and future generation. It is most regrettable, rather shocking to note, rather stated by the Chief Operating Officer (Proprietor) of Peshawar College of Engineering namely Muhammad Rafiq Afridi that the Peshawar College of Engineering was established and affiliated by the then Dean of University of Engineering and Technology, Peshawar in the name of Z-Fast (Pvt.) Limited Company which was later on transferred to him through a sale deed dated 4.4.2013 for a sale consideration of 6.5 Million wherein the previous owner has caterogically accepted responsibility regarding pending judicial cases, financial cases, criminal cases, audit, taxes and any other pending issues including accreditation by the Pakistan Engineering Council. When the learned counsel for Engineering University was confronted with the situation he showed his ignorance about any such transaction. However, stated that after affiliation of private colleges, the university only conduct the examinations, declare results and award degrees to the successful students of its affiliated colleges, however, having no nexus with the accreditation of a course by Pakistan Engineering Council. On the other side without registration with the PEC, undertaking of any act or job is a criminal offence, but those who have trained or equipped the person with professional degree for undertaking "Professional Engineering Work" have scot free from any liability, there is dire need that all the autonomous bodies i.e. Higher Education Commission, Pakistan Engineering Council and concerned universities should sit together and formulate a mechanism to protect the students from wrongful act and malpractice of the confronted phantom in the regime of educational institution which are crippling the education system, most particularly the skill of the nation. They should ensure to secure the future of students pouring over professional courses in colleges affiliated by Universities in private sector for providing them better quality of professional services to the people. No doubt, Higher Education Commission has taken steps to ensure quality improvement in the higher education. Similarly, Pakistan Engineering Council recognized the important role which private and public engineering institutions can play in uplifting the engineering and technogy based education in the country but still a lot is required to be done. There must be a zealous and perfect collaboration between all the stakeholders working in the sector of education. We being not proficient in the field of engineering education, would not be in position to define a line of action for scholarly erudite persons, however suggest the following:
(a) The University of Engineering and Technology shall ensure that students of any engineering college in private sector shall not be allowed to sit in examination unless the authorities of the private affiliated college provide certificate of accreditation/recognition by Pakistan Engineering Council and certificate of affiliation granted by the university.
(b) The University shall ensure that the private affiliated college has maintained the standard approved by the Governing Body of the University at the time of affiliation before allowing the students for the examination.
(c) While granting affiliation to a private Engineering College, Higher Education Commission must be provided representation in the affiliation committee of the University and affiliated colleges shall be liable to present annual report about the affiliated course and its accreditation with Pakistan Engineering Council.
(d) The University authority shall strictly abide by section 26 of Khyber Pakhtunkhwa University of Engineering and Technology Ordinance, 1980 which Contemplate that if an institution fails at any time to fulfill any requirement mentioned in the UET Ordinance, 1980 or fail to observe any of the condition of its affiliation or it appears prejudicial to the interest of education, shall withdraw its affiliation.
(e) The grant of affiliation must be in accordance with the parameter provided by Pakistan Engineering Council and no college be granted affiliation or renewal of affiliation for any academic session until and unless accredited by Pakistan Engineering Council. The Ordinance, 1980 does not provide any provision with regard to selling, purchasing, transferring or alienation of the affiliated Engineering College to another person. To this effect, the University shall look into the matter in consultation with Higher Education Commission and Pakistan Engineering Council for taking necessary measures and action against the delinquent.
(f) Lastly, it is shocking that the Peshawar Engineering College without accreditation has continued the teaching of Computer Engineering Course to the students and has received a huge amount from each student. The college authorities, on one side has wasted the precious time of the students, while on the Other side has charged them for unaccredited program for which the college authorities were not entitled, thus the respondent No.3 (Muhammad Rafiq Afridi, Chief Operating Officer i.e. Proprietor) is directed to return the entire amount charged/received from the students on account of admission/tuition fee etc, for all semesters. The amount shall be paid to the students within two months positively, failing which the law shall take its own course. The university shall ensure the recovery of above said amount and payment to the students, subject to compliance report to the Registrar (Judicial) of this Court.
14. The Registrar shall transmit the copy of this judgment to (i) The Chairperson Higher Education Commission of Pakistan, Islamabad, (ii). Chairman Pakistan Engineering Council, Islamabad and, (iii). Vice Chancellor, Khyber Pakhtunkhwa University of Engineering and Technology, Peshawar for the needful under intimation to the Registrar of this Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.