PAKISTAN ENGINEERING COUNCIL through Chairman vs MUHAMMAD SADIQ appointment

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

PAKISTAN ENGINEERING COUNCIL through Chairman VS MUHAMMAD SADIQ appointment--- Eligibility criteria--- Judicial review--- Scope---Discretion of employer---Essential qualifications for appointment to any post is the sole discretion and decision of the employer---Employer may prescribe required qualifications and the preference for appointment of candidate who is best suited to his requirements---Court cannot set down the guidelines or conditions of eligibility or fitness for appointment or promotion to any particular post---In no case can the Court, in the garb of judicial review, seize the chair of the appointing authority to decide what is best for the employer and impose conditions in internal recruitment matters, unless there is a grave violation of applicable law, rules and regulations---In the private sectors, the employer is free to decide the criteria of appointment and promotions and other terms and conditions of employment and for this purpose, may set down its business strategy, H.R. policies, and progression plans---Whereas for the appointment, transfer and promotion in the civil service, the appointment, Promotion and Transfer Rules framed by the Federal Government and Provincial Governments separately under their Civil Servants acts prevail and are followed, and in case of statutory bodies, appointments and promotions are made in accordance with their statutory requirements, rules and regulations; but in all such circumstances, it is within the domain of the competent authority to prescribe required qualification and experience in the recruitment and promotion process---Courts cannot force to accept or interchange any other qualification equivalent to the specific post with specific qualification advertised for inviting applications for recruitment or setting benchmark for promotion of employees to any particular post or grade on attaining any particular length of service. Citation Name: 2024 PLC(CS) 746 SUPREME-COURTBookmark this Case PAKISTAN ENGINEERING COUNCIL through Chairman VS MUHAMMAD SADIQ admissions policy---Eligibility criteria---Judicial review---Scope---In the affairs of admission and examination in educational institutions, the concerned authorities are vested with the powers and jurisdiction to lay down the eligibility criteria in their own rules, regulations, or prospectus---They are independent to follow their own policy for admission, and in other affairs, therefore, the academic, administrative, and disciplinary autonomy of a university must be respected---Interference by the courts in the admission policy would give rise to glitches for the said institutions to administer the matters harmoniously and efficiently---Educational institutions are competent to manage their own affairs without any outside intervention from executive or judicial organs unless they contravene or disregard the compass of their authority or act in breach of applicable statutes or admission policies as laid down in the prospectus. Citation Name: 2024 PLC(CS) 746 SUPREME-COURTBookmark this Case PAKISTAN ENGINEERING COUNCIL through Chairman VS MUHAMMAD SADIQ Ss. 10 & 14---Regulations for Engineering Education in Pakistan, 1985 (issued via Notification S.R.O.1142(I)/85 dated 20-11-1985), Art. 2(c)(ii)---B.Tech. (Hons.) degree and B.Sc. Engineering degree---Distinction---B.Tech. (Hons.) qualification is not equivalent to B.Sc. Engineering degree---According to Pakistan Engineering Council (PEC), B.Tech. courses are implementation oriented and B.Sc. engineering courses are design and research oriented---Both qualifications are also regulated internationally through two separate accords---Bachelor of Science in Engineering emphasizes theories and advanced concepts, while an Engineering Technology degree emphasizes hands-on application and implementation with the major difference that B.E. is more knowledge based while B.Tech. is skill-oriented.

PAKISTAN ENGINEERING COUNCIL through Chairman vs MUHAMMAD SADIQ appointment — 2024 PLC(CS) 746 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 PLC