DAE, FSc candidates declared at par for admission in engineering programs

The apex court of Pakistan has declared as ultra vires the quota fixed for Diploma of Associate Engineers (DAE) for admission in the BSc (Engineering) program.
The Supreme Court said FSc and DAE holders were at par for admission into BSc (Engineering).
The PEC, in its 15th governing body meeting held on March 25, 2015, reserved 2 percent seats in the BSc (Engineering) program for the DAE holders, instead of allowing them to apply on open merit like the candidates holding an FSc degree.
The court has ruled that Diploma of Associate Engineers (DAE) are eligible for getting admission into the BSc (Engineering) program through merit-based open competition with those having passed the FSc degree.
Led by Justice Umar Ata Bandial, a three-member bench declared that the decision of the Pakistan Engineering Council (PEC) to fix 2 pc quota for the DAE holders in admission to the BSc (Engineering) program as ultra vires of the Pakistan Engineering Council (PEC) Act, 1976.
“The best way forward is to allow admissions to BSc (Engineering) on open merit and through open competition amongst the FSc and DAE holders,” said the judgment.
“Such a level-playing field encourages competition and allows the best of the best amongst the FSc and DAE to be admitted to the BSc (Engineering) Program.”
The petitioners, who are holders of DAE with more than 81 percent marks, took the plea that the PEC did not have such power under the PEC Act. The Supreme Court said that the FSc and DAE holders were at par for admission into BSc (Engineering).
The decision which set aside the judgment of the high court says “The learned Division Bench of the High Court has failed to appreciate the scope and extent of Sections 8 and 25A of the Act and the unlawful imposition of reserved seats for DAE holders through the decision dated 25.03.2015 and through Article 2 (C) of the regulations.”
“In the absence of any power to reserve seats for admission to the BSc (Engineering) program, both the set of candidates with FSc and DAE have to be treated at par. This parity is created by equal eligibility of DAE for admission,” the judgment added.
“Therefore, the decision of PEC dated 25.03.2015 fixing 2 percent reserved seats for DAE holders is not only unsustainable under the Act but is also discriminatory. Since PEC cannot reserve seats for any program, the condition of “reserved seats” by the Governing Body under Article 2(C) of the Regulations is also illegal and ultra vires the Act.”
The court also said that another dimension of the case was that on the one side, the regulations allowed both the FSc and DAE holders to be eligible to apply for BSc (Engineering) program, subject to meeting the requirement of 60 percent aggregate marks, yet on the other hand, the regulation put a clog on the admission of DAE holders by imposing the condition of reserved seats.
“Other than the fact that the PEC or the Governing Body has no such power to impose such a condition, it is also ex-facie discriminatory against the DAE holders, especially when they are considered eligible for the BSc (Engineering) Programme along with the FSc degree holders,” the order said. — ERMD