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
Engineers, technologists in same basket: IHC stays HEC notification PEC, HEC to work together for separate ‘Service Structures’ for engineers, technologists
Islamabad High Court (IHC) has stayed the notification of the Higher Education Commission (HEC) which decided to recognize technologists at par with engineers registered with the Pakistan Engineering Council.
A PEC communication said: Honorable Mr. Justice Babar Sattar of Islamabad High Court (IHC) issued a stay order on the unlawful notification issued by Higher Education Commission (HEC), which describe that Engineering degrees issued by accredited engineering universities are at par with B-Tech/ Technology degrees issued by the institution for recruitment, pay, scale and grade.
The said notification, says the council created chaos and unrest among the engineering community of the country.
Pakistan Engineering Council immediately challenged through an official letter dated December 09, 2021, to HEC to rectify the decision.
Later PEC again sent a reminder to HEC for cancellation/ withdrawal of the same notification on December 17, 2021, however, no response was received.
This issue was discussed in the PEC Management Committee meeting held on December 28, 2021, wherein serious reservations were recorded towards the suitable way forward.
PEC delegation met the Executive Director, HEC on the same day and categorically explained PEC’s professional and legitimate stance.
The PEC team comprised of Engr Dr. Niaz Ahmed Akhtar, VC Punjab University, and Dr. Nasir Mahmood Khan (Registrar, PEC) updated on the decision that HEC will convene a meeting at the earliest to resolve the matter amicably in academic terms.
In the light of this meeting, PEC kept on waiting for but no action was taken from HEC annnd then PEC consulted a few law firms to take up the matter in Court.
Meanwhile, PEC wrote a final letter to HEC for reviewing the notification on December 31, 2021 and to share the meeting records for verification purposes, but all in vain.
Subsequently, on January 03, 2022, a Legal Counsel Barrister Raheel Ahmed was engaged/ tasked to prepare a PEC petition to file in Islamabad High Court (IHC).
On January 18, 2022, HEC informed that they cannot withdraw the notification at this stage.
Pakistan Engineering Council, as per direction and guidance of Engr. Muhammad Najeeb Haroon MNA and Chairman PEC, filed a petition on January 25, 2022, against unlawful HEC notification regarding the equal status of ‘Graduate Engineers and B. Tech/Technology Graduates for employment, trying to mislead the Employers to occupy engineering positions by non-engineers.
During these efforts, Chairman PEC Engr. Najeeb Haroon also met Chairman HEC Dr. Tariq Banuri who resumed his charge on January 19, 2022, to amicably resolve the issue professionally within the jurisdiction of the Act and Bye-laws of HEC/PEC.
The meeting concluded with the good agreement by both the heads of organizations to work jointly for separate Service Structure of Engineers and Technologists so that both streams of engineering profession could play their due role in their defined domain for the betterment of society.
The petition was submitted by Dr Nasir M. Khan, Registrar PEC, Engr. Mir Masood Rashid, Advisor to Chairman through Baristor Raheel with the approval of Chairman PEC.
Chairman PEC has taken this decision in consultation with the PEC Management Committee comprising Engr. Nayyar Saeed, SVC, Engr. Dr Niaz Ahmed Akhter, VC Punjab, Engr. Sheikh Mukhtar Ahmad, VC Sindh, Engr. Nasir Majid, VC Baluchistan and Engr. Ejaz Ansari, VC KPK. — PR
27th HVACR Expo Rescheduled, Now it will be on 9-11 June, 22
President of Pakistan HVACR Society Mr. Ahmed Nawaz along with the organization committee and chapter chairman of Lahore Mr. Ahmad Naeem Chughtai, visited the expo center to secure the expo dates but unfortunately as per NCOC new policies for covid restrictions the Society is not allowed to arrange the expo.
Pakistan HVACR Society is also receiving requests from exhibitors to reschedule the dates as their principals are unable to attend the expo.
In light of the current scenario and ongoing situation as described by the government authorities, along with the request by exhibitors, finally the decision has been taken by organizing committee of 27th Pakistan HVACR International Expo & conference 2022, is to reschedule it on 9th 10th 11th June 2022 .n
K-IV approved, yet doubts persist!
Although the Executive Committee of the National Economic Council (ECNEC) approved the Greater Karachi Water Supply Scheme (K-IV) Project worth Rs126 billion, the project stands far away from creating a sense of security that the people of Karachi would surely be benefitted from this huge engineering project as it is being trumpeted.
Federal Minister for Planning, Development, and Special Initiatives Asad Umar was one among those who rushed to his Twitter handle to claim the credit notwithstanding the fact that the project would have been given a top priority much earlier and not been fallen into the political trap.
Now that the project is approved, suspicions still continue to surround the project because of its unpleasant past and many experts are asking if all the technical and engineering demands of the project have been completed. Because as they say this project has a remorseful history in terms of design.
However, a senior engineer Engr. Bashir Lakhani from Techno Consult, one of the consultants of the project claims the design of the project is entirely new and is based on pressurized pipelines.
The revised PC-1 with an entirely new design based on Pressurised pipelines from Keenjhar Lake to 3 Reservoirs and Filtration Plants at Pipri, NEK, and Manghopir Road has been approved, says his digital communication.
Besides the design of the project, the quantum of the water would be 260 MGD which of course is much lesser than initially pronounced as 650 MGD. But, a major question makes rounds in the city if water would be supplied to common citizens of Karachi as the destinations of the route have long been creating suspicions in the minds of many.
The project as per the central government that oversees Karachi Transformation projects costing Rs1.1 trillion will be completed by October 2023.
In 2019, a Sindh government investigation report said K – IV was not taken seriously from the very beginning adding PC – II of the project seemed to be the rough work of a child instead of a professional document of significance appropriate to this very important project involving the water needs of tens of millions of people.
The findings of the report said both the Karachi Water & Sewerage Board (KWSB) and the consultants Osmani & Company Ltd. (OCL) are accountable and shifted responsibility on each other.
The inquiry was done by Aijaz Ahmed Mahesar, Secretary to the government of Sindh.
The systemic failure of checks and control were observed during the planning, preparation, and implementation of K-IV. This was mainly because the Consultants (OCL), who initially prepared PC-II/ Feasibility (including design of K-IV) was rehired during implementation as “Design and Supervision Consultants “with the tasks of, inter alia, drawings and designs of K-IV and review the earlier designs prepared by the PC-II Consultants (who were otherwise to be a different Consultant). Re-hiring, the Consultants who prepared PC-II for PC-I design and implementation Consultancy was not only the conflict of interest but this also set a stage for making more and more mistakes in the preparation of PC-I, its implementation and avoiding systemic controls,” the finding unearths. “This needs to be further investigated as to why and under what circumstances the same (OCL) consultant was repeatedly hired ignoring the conflict of interest,” it recommended.
As per the feasibility study carried out by the KW&SB in the year 2002 as well as the scope of work, services, and TORS clearly define the responsibility of the Consultants, who on the other hand has shifted the responsibility to others.
The findings further say the contention of the consultants that they were not supposed to prepare the PC-I is neither tenable nor justified and contradictory to Feasibility Study (Stage-2).
In any case, the original PC-I was prepared by them, which was clocked, approved, and signed by the officers of Sponsoring Agency {KW&SB} who also ignored to verify that many tasks were found missing in the document.
In its conclusion, the reports said: After perusal of all records and statements made available to the undersigned and keeping in view the findings, it is concluded the K-IV was badly planned since its inception and utter negligence in discharging the duty was also observed at various levels.
As a result, the cost of the program is increased exponentially, and the benefits of the K-IV have not been harvested in time.
Not only the Sindh government, but NESPAK also confirmed the objections raised in the Sindh government’s report.
Interestingly enough, the companies, departments, and the people who were held responsible in the report were not taken to the task.n
Young engineers meet on Zoom
Young Engineers Pakistan had a meeting on zoom on 3rd Feb 2022. The meeting consisted of two rounds. The meeting was attended by 58 plus activists from all over Pakistan. They discussed issues of young engineers and the role of the Pakistan Engineering Council.
They demanded that HEC should withdraw the notification regarding technologists, CIBD should be under the PEC, improve the service structure of Engineers, the government should provide jobs for young engineers and there should be a representation of young engineers in the governing body of PEC.
Everyone was enthusiastic about the struggle for the rights of young engineers.