Through the instant writ petition, the petitioner , Muhammad Khursheed Shinwari, impugns the notification dated 24.06.2020 issued by the Higher Educatio n Commission ("H.E.C.") , whereby respondent No.3 (Imtiaz Gillan i) was appointed as Chairperson, National Technology Council ("N.T .C.") in terms of clause 4(a) of the document issued by the H.E.C. for the constitution of N.T .C. setting out its objectives, functions and duties.
2. The petitioner has been authorized through resolution dated 09.07.2020 of the "Pakistan B.Tech Honours Engineers Association" to file a case in Islamabad High Court against Chairman, N.T .C. etc.
3. In exercise of the powers conferred by Section 10(e) of the Higher Education Commission Ordinance, 2002 ("the 2002 Ordinance") , the N.T.C. was established in the H.E.C. Notification dated 07.09.2015 (gazette on 02.10.2015) was issued in this regard by the H.E.C. The said notification provides that there shall be a Chairperson of the N.T.C. Paragraph 2 of the said notification provides inter alia that the Chairperson shall hold office for a period of four years and shall be eligible for re-appointment for not more than one similar term. The said notification does not provide for the qualifications that a candidate for the position of Chairperson, N.T .C. is to possess.
4. At page 16 of the instant petition, the petitioner has annexed a document which provides inter alia that "now there is an urgent need for the constitu tion of the National Technology Council (NTC) for the smooth and the efficient working of the affairs, therefore the said council by the name of National Technology Council (NTC) is established with immediate effect with the following organization, objectives, functions and duties to perform." In the pleadings of the contesting parties, this document is referred to as the bye-laws, paragraph 3 whereof is reproduced herein below:- "The Controlling Authority shall appoint a person of national eminence with basic degree in Technology and proven ability who has made significant contribution to higher education as teacher , researcher or administrator in the domain of T echnology as Chairperson on such terms and conditions as it may determine."
5. The petitioner 's grievance is that respondent No.3, who was appointed as Chairperson, N.T.C. vide notification dated 24.06.2020 holds a bachelor degree in Engineering but not in Technology . It is also pleaded in the writ petition that respondent No.3 did not have teaching experience and therefore he did not possess the essential qualifications for appointment as Chairperson, N.T.C. It has also been alleged that respondent No.3 is H.E.C.' s blue-eyed person and that he has "biased attitude and conduct in past for the field of T echnology ."
6. The petitioner relies on advice dated 06.07.2020 from the Pakistan Engineering Council ("P.E.C.") to the effect that B.Tech (Honours degree) is not equivalent to B.E / B.Sc degrees as Engineering and Technology are two distinct streams of knowledge and training of Engineering profession. Furthermore, in the said letter , it is mentioned that no person shall, unless registered as an Engineer or Professional Engineer , hold any post in an Engineering Organization where he has to perform professional engineering work.
7. Respondent No.3 has a degree in Structural Engineering and Mechanics from the Asian Institute of Technology , Bangkok. He has served as Vice-Chancellor of the University of Engineering and Technology , Peshawar from 2004 to 2016 and as Chairman, H.E.C. from 12.1 1.2013 to 15.04.2014.
8. It was asserted on behalf of the H.E.C. that respondent No.3 fulfills the necessary prerequisites for appointment as Chairperson, N.T .C.
9. As mentioned above, the notification dated 07.09.2015, whereby N.T.C. was constituted by the H.E.C. pursuant to Section 10(e) of the 2002 Ordinance, does not prescribe any qualifications for the appointment of Chairperson, N.T.C. This notification was issued in exercise of statutory power and responden t No.3 does not fall short of the requirements set out in the said notification.
10. The two conditions which are essential for the issuance of a writ of quo warranto are that (i) the appointment under challenge must be to a public office; and that (ii) the appointment should have been made without the authority of law or in other words contrary to the relevant statutory provisions. The bye-laws for the N.T.C. have not been made by the H.E.C. in exercise of any statutory power and therefore they cannot be termed as "law" on the touchstone of which the appointment of respondent No.3 can be questioned.
11. Since the petitioner has not demonstrated that respondent No.3' s appointmen t as Chairperson N.T.C. was in violation of the "law", this Court cannot issue a writ of quo warranto. Conseque ntly, the instant writ petition is dismissed with no order as to costs.