LUBNA SALEEM PERVEZ, J.---- Petitioner invoked the Constitutional Jurisdiction of this Court by way of filing instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, seeking following prayer:- "For what has been submitted above, it is humbly prayed that while considering the grievances of the petitioner this hon'ble Court may graciously be pleased to accept this writ petition with the following effects:- i. It be declare that the petitioner is entitled to get the membership of Pakistan Engineering Council on the basis of his Master of Engineering (Hons) Degree in Civil Engineering. ii. The respondents Nos. 2 and 3 are directed to allow the petitioner his accreditation and equivalence for the Decree and consequent refusal of registration as professional engineer is illegal, unjustified and untenable. iii. Consequently . The petitioner be allowe d to carry on his career as a professional engineer after his registration with P .E.C. iv. The respondents may be directed to provisionally register the petitioner as professional engineer till the final decision of the main Writ Petition. v. Any other relief which this hon'able Court deems fit and proper in the peculiar circumstances of this case may kindly awarded to ' the petitioners".
2. Brief facts relevant for disposal of instant writ petition are that the petitioner who is a Civil Engineer , holds Masters of Civil Engineering (Hons) from Salford University , UK obtained in the year 2010, which degree is accredited by European Network of Engineering Education. Petitioner returned to Pakistan and applied for job and came to know that he has to obtain accreditation of degree from HEC for being eligible for job in Public Sector .
After submitting fee and completing requirements, he applied to Higher Education Commission (HEC) on 28.07.201 1 for issuance of certificate of equivalence of his degree with the degree awarded in Pakistan. Higher Education Commission asked the petitioner to obtain accreditation/registration certificate from Pakistan Engineering Council (PEC) which is authorized Department to grant certificate of equivalence to students who obtain engineering degree in Pakistan and abroad, however , PEC refused to. grant accreditation certificate to the petitioner for the reason that the institute wherefrom petitioner has obtained his engineering degree has not been accredited vide their schedule, despite the fact that degree in BSc Mechanical Engineering from the petitioner's university has been accredited by the Respondents by providing the same in the Second Schedule.
3. Learned counsel for the Petitioner submitted that the Respondents' act of non issuance of accreditation certificate in respect of petitioner's degree of Masters of Civil Engineering (Hons) is unconstitutional, illegal, unjustified, arbitrary and without lawful authority; that the impugned act of the Respondents is discriminatory which has caused serious prejudice to petitioner's future; that the degree obtained by the petitioner has duly been accredited by the European Accreditation Council for Engineers and also by the Engineering Council of UK which are authentic Councils of engineers and are recognized all over the world; that degree of Electrical Engineering as well as BSc in Mechanical Engineering issued by the Salford University , England are accredited by the Respondents as provided in their Second Schedule to the PEC Act, 1976, whereas, Petitioner's degree of Masters of Engineering (Hons) in Civil Engineering, despite being higher qualificatio n than the said degrees, the Respondent is reluctant to accredit the degree of petitioner; that the Respondents have violated the basic principle of propriety and justice and have violated the provisions of Articles 3, 4, 8, 18 and 25 of the Constitution; that non mentioning of the degree in the schedule of the Pakistan Engineering Council's Act, 1976 is not a prerequisite condition and the same being highly detrimental to the professional career of the petitioner and other deserving students thus, is ultra vires of the law and liable to be modified accordingly; that due to refusal to issue accreditation certificate, petitioner is being deprived from pursuing a lawful career/profession and his valuable fundamental right guaranteed under section 18 of the Constitution has been violat ed; that due to impugned act of the respondents, petitioner is unable to get himself register himself as a professional Engineer in Pakistan despite being highly qualified than the students who have been issued the requisite certificate as having acquired the B.Sc.
Engineering degree.
4. On the other hand, learned counsel for the Respondent No.2 submitted that Sections 10 and 11 of the Pakistan Engineering Council Act, 1976 (the Act, 1976) empowers the Respondents to accredit engineering qualifications granted by engineering institutions in Pakistan and outside Pakistan, respectively , whereas, section 16 of the Act.
1976 makes the Council to maintain a Register in which names and particulars of persons holding accredited qualifications are held and Section 17 of the Act ibid empowers the Enrolment Committee to approve, refuse or remove the name from the said Register . Moreover , Section 25 A of the Act, 1976 empowers the Council to make Regulations for Engineering Education in Pakistan. Learned counsel while referring case re: Muhammad Sadiq and others v. University of Sindh and another (PLD 1996 SC 182) submitted that the PEC is solely authorized to adjudge an engineering qualification to be recognized as such recognition of a degree by any other authority does not entitle the degree holder to be registered by the Respondent as "professional engineer" as the accredited engineering qualifications are only those which as per section 2(ii) of the Act, 1976 are included in First or Second Schedule of the Act. With regard to the case of the petitioner , learned counsel submitted that the petitioner applied for Master Degree equivalence certificate from HEC and was asked to provide the necessary documents which he could not, therefore, was not issued the requisite equivalence certificate; that that petitioner's case was considered by the Enrolment Committee of PEC but since, he is Master degree holder and does not possess Bachelor of Engineering degree (B.Sc. Engineering) , therefore, he was not found entitled for grant of registration for the engineering practice in Pakistan as petitioner's degree is not included in the First or Second Schedule of the Act 1976; that the petitioner does not possess the requisite qualification as only the persons having bachelor degree of mechanical engineering programme having four academic years from University of Salford England are being accredited with PEC. Learned counsel lastly contended that no discriminatory treatment has been meted out to the petitioner as the decision has been made in the light of the Act, 1976 and PEC by laws and prayed for dismissal of the writ petition.
5. Learned counsel for Respondent No.3, while supporting the arguments of the learned counsel for Respondent No.2, submitted that the petitioner did not fulfill the requirements of degree equivalence, vide HEC's letter dated 09.08.201 1, he was asked to provide requisite documents including a copy of Bachelor's degree and registration of Pakistan Engineering Council, being holder of professional degree in the field of Engineering but he failed to do the needful, hence, his request was declined. Learned counsel, however , conceded that as per information available with them and placed on the website of the UNESCO, University of Boltan and University of Salford are chartered universities and recognized by the Higher Education Commission.
6. Learned counsel for Respondent No.1 endorsed the arguments of the learned counsel for Respondents Nos. 2 and 3 and prayed for dismissal of the writ petition, as being devoid of any merit.
7. I have heard the learned counsel for the parties and have also perused the available record with their able assistance.
8. The petitioner , after completing MSc (Hons) in Civil Engineering from Salford University , UK, duly accredited by European Accreditation Council for Engineering and Engineering Council of UK, returns to Pakistan and applied for registration as an Engineer from PEC, which demanded the equivalence certificate of Masters of Engineering in Civil Engineering from Higher Education Commission of Pakistan (Respondent No. 3/HEC). So he applied to HEC on 30.08.201 1 in response to which Copy of Bachlor's degree and copy of registration/endorsement from PEC was demanded. PEC turned down his reques t for the reason that petitioner is Master degree holder and not having Bachelor's degree, thus not entitled for grant of registration for the engineering practice in Pakistan. Further Enrolment Committee of PEC regretted his request for accreditation for the reason that petitioner's degree being a non-engineering degree is not included in the First Schedule or the Second Schedule to the PEC Act, 1976. To examine the reason given by PEC for not giving accreditation and registration to petitioner , the PEC Act, 1976 has been perused, and in my view following sections are relevant for the purposes of present case:- "Section 2(ii) "accredited engineering qualification" means any of the qualification included in the First Schedule or the Second Schedule; Section 2(viii)
"Council" means the Pakistan Engineering Council constituted under section 3; Section 8. Functions of the Council: The following shall be the functions of the Council, namely:- ............ (b) accreditation of engineering qualifications for the purpose of registration of registered engineers, professional engineers; Section 1 1. Accreditation of foreign engineering qualifications:--
(1) The engineering qualification granted by engineering institutions outside Pakistan which are not included in the Second Schedule shall be accredited engineering qualifications for the purpose of this Act;
(2) Any engineering qualification granted by an engineering institution outside Pakistan not included in the Second Schedule may be accredited by the Council, and the Council may by notification in the official Gazette, amend the Second Schedule so as to include such qualification there Section 14.
(1) The Council shall constitute an Accreditation Committee for organizing and carry 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.
Perusal of the above provisions shows that a complete mechanism has been provided in the PEC Act, 1976 ("Act, 1976" ) for accreditation of engineering qualifications granted by institutions in Pakistan as well as outside Pakistan.
Section 10 the Act, 1976 provides for accreditation of the engineering institutions and qualification included in the First Schedule to the Act, 1976 and similarly section 11 of the Act, 1976, accredit foreign engineering qualifications which are included in the Second Schedule to the Act, 1976. As per sections 10(2) and 11(2) of the Act, 1976; the engineering institutions and qualifications in Pakistan and engineering qualifications from foreign universities, if not found included in the First or Second Schedule, then the Council may in terms of section 8(b) of the Act, 1976, include any engineering institute and qualification in Pakistan or qualification of foreign University by amending First and Second Schedule through notification in the Official Gazette. The procedure has been provided in section 14 of the Act whereby the Council for the purpose of endorsing the engineering institutions and qualifications shall constitute Accreditation Committee to organize and formulate the details and comprehensive program of accreditation of the engineering institutions according to approved criteria in consultation with HEC and submit report to the Governing Body by examining and scrutinizing the curriculum, and various disciplines of engineering, level of courses, etc. Thus, in view thereof, there is no ambiguity in the Act. 1976 and it does not provide for any discretionary power to out rightly refuse local or foreign engineering qualification , if not included in the First or Second Schedule, as one of the functions of the Council is accreditation of engineering qualifications for the purpose of registration of registered engineers, professional engineers in accordance with the procedure laid down in section 14 read with sections 10 and/or 11 of the Act, 1976. Perusal of the schedules to Act 1976 shows that same have been amended from time to time to include engineering colleges, universities and qualifications in the schedules.
9. For the purposes of the case in hand, Second Schedule to the Act, 1976, vide SRO 1050(1)/2010 dated 22.11.2010, has been perused wherein Engineering program of various Universit ies/Institutions outside Pakistan are accredited by PEC has been listed. In this list at Serials 111 and 181 following Engineering Program has also been mentioned which was Recognized Engineering Qualification accredited by PEC: Sr. No.Engineering Institution Recognized Engineering Qualification 111 Engineering Council UK"Chartered Engineer" shall be eligible to be registered as Professional Engineer 181 UK Universities / InstitutionsMinimum Bachelor level Accredited Engineering Degree Program in the list issued by the Engineering Council UK in the year 1993 and in their subsequent updated versions provided it is achieved in a minimum 16 years.
In my opinion the qualification of the petitioner falls in the above entries as the Master's degree in Civil Engineering awarded to the Petitioner by the University of Salford is accredited by The Engineering Council UK (copy of certificate is annexed at page 25 of the petition ). It has been observed that the Respondent has not contested the degree of the Petitioner and its accreditation by Engineering Council UK, rather HEC in their comments have conceded that University of Salford is a chartered university and is recognized by it. It seems that the PEC has not properly examined the listed institutions in the second schedule before refusing the application of the Petitioner .
10. Learned Counsel for PEC furnished to the Court the photocopy of petitioner's application dated 09.06.2016 for registration as an engineer on the prescribed form along with copy of SRO No. 804(I) / 2016 dated 26.08.2016, whereby , the list vide second schedule has been updated. Perusal of the same shows that entries from Serial Nos.'
1 to 198 ordered to have been remained valid for Intake(s)/ admission(s) up to 31.03.2015, except- Entries Nos.
111, 181, 182 and 198. Entries at Serial Nos. 1 11 and 181 being relevant are reproduced as under: Sr.No. University/Institution/ OrganizationRecognized Engineering Degree Programme Professional Status.
III Engineering Council UK Chartered Engineer" shall be eligible to be registered as "Professional Engineer" in the relevant discipline provided he/she possesses four years of engineering qualification and satisfies the PEC Regulations for Engineering Education.
181 U.K. Universities / Institutions. Engineering Qualifications accredited by Engineering Council U.K. from the year 1993 and subsequent Updated qualifications satisfying one of the following criteria:-
1. Four years of Bachelor of Engineering 2.Three years of Bachelor of Engineering with Master of Engineering (M. Eng /M .S/M. Sc)
3. Four years of Master of Engineering (M.Eng / M. S/M . Sc)
This amended list of Second Schedule to Act, 1976, favours the contention of the petitioner as entry 181 ibid includes four years Master of Engineering (M.Eng/M.S/M.Sc) as one of the criteria for accreditation of qualification possessed by the petitioner . The argument of the learned Counsel for PEC that only holders of Bachelors Degree in Engineering (BE/B.Sc. Engg) are entitled for registration and since, the petitioner holds Masters (Hons) degree in Civil Engineering, he is not entitled for registration and practice the profession of engineering in Pakistan, has been examined and found to be absurd as no such provision which imposes bar of regist ration as engineers with PEC on masters degree holders, is found mentioned in the Act, 1976 and it is rightly so because Article 18 of the Constitution of Pakistan safeguards the fundamental right of every citizen for entering into any lawful trade, business, profession or occupation. It has been held by Hon'ble Lahore High Court in the case titled as Dilbar Ali v. D.C.0 Chinot and other (2015 CLC 1 141) that: ................ Reference could be made of the case-law reported as Shaukat Ali v. Government of Pakistan and others (PLD 1997 SC 342). It is held that State functionaries are expected to act fairly and justly in a manner which should not give to any one any cause of complaint on account of discriminatory treatment or otherwise. While discharging official functions, efforts should be made by State functionaries to ensure that no one is denied the right to earn his livelihood because of the unfair or discriminatory act on their part.
5. Under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the High Courts are the custodian of the fundamental rights of its citizens. Denial of any of the fundamental rights of the citizens could not be allowed due to fanciful and arbitrary ideas and presumptions of the State functionaries like respondent No.1 ."
Though petitioner's case was to be dealt in accordance with the Second Schedule prevalent when he applied for registration as an Engineer and I am of considered view that the petitioner was unjustly declined equivalence certificate and registration as an engineer as entries 1 1 1 and 181 of the Second Schedule were capable to include the qualification of the petitioner for accreditation, however , after promulgation of S.R.O.804(I)/2016 on 26.08.2016 entries at Serials Nos.1 11 and 181 of the Second Schedule more specifically entitled the petitioner to be registered as an Engineer . Whereas, the petitioner has been declined to be registered as an Engineer only due to non-existence of his qualification in the Second Schedule which even otherwise has been incorporated through the above said S.R.O. As there was no other objection except non-existence of relevant entry in the Second Schedule, therefore, in my humble opinion keeping in view the law laid down by the Hon'ble apex Court in the above referred judgment, petitioner's degree deserves accreditation by the respondents and he is entitled to be registered as an Engineer in Pakistan.
11. For what has been discussed above, I deem it appropriate to refer the matter to the Pakistan Engineering Council to consider the matter of accreditation of Masters of Civil Engineering (Hons) degree obtained from the University of Salford, England, in the light of above said entry available at Serials Nos. 111 and 181 of the Second Schedule of the Act, 1976, updated vide S.R.O. 804(1)/2016 dated 26.08.2016, in larger public interest as it would enable and encourage a large number of foreign qualified students to pursue a lawful profession in Pakistan, who have invested their precious time and huge amounts to pursue the higher education in foreign countries for their better future in their homeland.
This petition stands disposed of in the above terms.