HEC’s Jurisdiction is Limited to Academic Equivalence and does not extend to Employment and Promotion Criteria; Islamabad High Court (IHC) Declares HEC Notification Invalid
Islamabad 23-11-2024: In a significant ruling, the Islamabad High Court (IHC) has set aside the notification issued by the Higher Education Commission (HEC) on December 8, 2021, equating B.Sc. Engineering and B-Tech (Honors) degrees for recruitment and promotion purposes. The Court held that the notification exceeded HEC’s statutory authority and reaffirmed that determining employment and promotion criteria lies solely within the domain of employers.
The Pakistan Engineering Council (PEC), through its Registrar, challenged the HEC notification, arguing that it encroached on PEC’s jurisdiction under the PEC Act, 1975. PEC asserted that only it has the authority to accredit engineering qualifications and regulate the professional engineering workforce.
The HEC defended its notification, claiming it was issued under its powers defined in Section 10 of the HEC Ordinance, 2002. The notification intended to allow B.Sc. Engineering and B-Tech (Honors) degree holders to compete equally for employment and promotions.
The Court ruled that:
- : HEC’s role is confined to academic equivalence and accreditation under the HEC Ordinance, 2002. It cannot determine professional equivalence for employment purposes or dictate recruitment policies.
- PEC, under the PEC Act, 1975, regulates professional engineering work and accredits engineering qualifications. However, PEC does not have the authority to interfere in employment policies or decide whether a post requires a professional engineer.
- Employment and promotion criteria are policy matters reserved for the employer. Statutory bodies like HEC and PEC can only provide guidance, which is not binding on employers.
The Court highlighted that HEC’s notification conflated academic equivalence with professional competence, which are distinct matters.
The judgment relied on several Supreme Court precedents:
- Maula Bux Shaikh Vs. Chief Minister Sindh (2018 SCMR 2098): PEC cannot dictate employment qualifications or promotion policies.
- Province of Khyber Pakhtunkhwa Vs. Farasatullah (2020 PLC (CS) 1423): HEC’s jurisdiction is limited to academic equivalence.
- Fida Hussain Vs. Secretary Kashmir Affairs (PLD 1995 SC 701): Employers have exclusive authority over employment and promotion policies.
The Islamabad High Court (IHC) declared the HEC notification legally infirm and set it aside. The Court emphasized that recruitment and promotion policies are the prerogative of employers, who may allow B.Sc. Engineering and B-Tech (Honors) degree holders to compete on equal terms if they choose.
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