| Case ID |
e33fad33-7a54-467b-a8cc-fa5929efb5be |
| Body |
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| Case Number |
Writ Petition No. 119 of 20.04 |
| Decision Date |
Sep 14, 2004 |
| Hearing Date |
Aug 05, 2004 |
| Decision |
The writ petition is accepted with directions for respondent No.1 'PEC' to reconsider the registration of the petitioners as engineers in the relevant discipline, ensuring a timely decision within three months to safeguard the petitioners' future and careers. |
| Summary |
In the landmark case of petitioners PERVEZ AFZAL and 91 others versus Pakistan Engineering Council through Chairman and 4 others, the Peshawar High Court addressed critical issues surrounding the accreditation process governed by the Pakistan Engineering Council Act of 1976 and the Constitution of Pakistan, 1973. The central dispute involved the retrospective effect of accreditation granted by the PEC to engineering institutions and the authority to impose conditions on admitted students during the accreditation process. The petitioners, enrolled at the College of Engineering and Technology Peshawar affiliated with Al-Khair University, sought a writ of mandamus to compel the PEC to register them as engineers without imposing remedial education and re-examination. They argued that such conditions violated statutory provisions and principles of natural justice. The court meticulously examined the PEC's actions, referencing significant cases like Army Welfare Sugar Mills Ltd. v. Federation of Pakistan and Muhammad Sadiq v. University of Sindh, emphasizing the principle that accreditation should validate existing student registrations retrospectively. The judgment highlighted that the PEC lacks the authority under the Act to impose additional conditions on students during accreditation, rendering the petitioners' treatment discriminatory and a breach of natural justice. Consequently, the court directed the PEC to reassess the registration of the petitioners, ensuring compliance with statutory requirements and fair administrative practices. This decision underscores the judiciary's role in upholding equitable standards in professional accreditation processes, impacting engineering institutions and aspiring engineers across Pakistan. The ruling reinforces the necessity for regulatory bodies like the PEC to adhere strictly to legislative mandates, ensuring that accreditation processes are transparent, just, and conducive to the professional advancement of individuals in the engineering field. |
| Court |
Peshawar High Court
|
| Entities Involved |
University Grants Commission,
Higher Education Commission,
Pakistan Engineering Council,
Al-Khair University,
CECOS University of I.T. and Emerging Sciences
|
| Judges |
SHAH, JEHAN KHAN,
DOST MUHAMMAD KHAN
|
| Lawyers |
Q.M. Jamil,
Muhammad Ali,
Shumail Ahmed Butt
|
| Petitioners |
PERVEZ AFZAL and 91 others
|
| Respondents |
PAKISTAN ENGINEERING COUNCIL through Chairman and 4 others
|
| Citations |
2005 SLD 1814,
2005 PLD 5
|
| Other Citations |
Messrs Army Welfare Sugar Mills Ltd. and others v. Federation of Pakistan and others 1992 SCMR 1652,
State Bank of Pakistan v. Messrs Faisal Spinning Mills Limited 1997 SCMR 1244,
Muhammad Sadiq and others v. University of Sindh and another PLD 1996 SC 182
|
| Laws Involved |
Pakistan Engineering Council Act, (V of 1976),
Constitution of Pakistan, 1973
|
| Sections |
10,
12,
16,
17,
18,
19,
20,
FirstSched,
199
|