Subject:- MIS-USE OF TERM OF PROFESSIONAL ENGINEER BY
1) According to Finding of Ajmal Mian, J in case of Muhammad Azim Jamali and others versus Government of Pakistan and others ,1991 P L C (C.S.) 983 with Constitutional Petition No. D-483 of 1984, decided on 22nd June, 1989 and declared that ; The use of the words, "Professional Engineer" and "Professional Consultants," with the words "in practice" in the various section of the Act highlighted hereinabove, bear out that the Act is intended to regulate the working of the professional engineers and consultants, who are engaged in practice. It may be pertinent to refer to the meaning of the words "practice" and "profession" given in some of the dictionaries. (a) Venkataramaiya's Law Lexicon with Legal Maxims Second Edition, page 1867. " `Practice' what the expression `practice' means is duly laid down by the Supreme Court to include both acting and pleading. See Aswini Kumar Ghose v. Arabinda Bose, (1952 SC 369) State of The phrase "practising as a solicitor" connotes a person who is a principal; it connotes a person who has clients; it connotes a person, in short, who has practice. The expression is not apt to describe the managing clerk of a solicitor who is acting as the servant of another who is a practising solicitor, Way v. Bishop [(1928)] Ch. 647 at p.660]". (b) Stround's Judicial Dictionary, Fourth Edition. "(5) 'Solicitor practising in the Court' (Sheriff Courts) ( (c) Words and Phrases Permanent Edition Vo1.33. PRACTICE A PROFESSION, That one making survey for his father, who was owner of property, had no licence under C.L.S. 4696 to practice surveying, did not render his testimony as to location of corner incompetent; to practice a profession being to hold one's self out as following it, as calling or one's usual business, Beaver Brook Resort Co. v. Stevens, 230 p. 121, 122, 76 Colo. 133. (d) Venkataramaiya's Lavy. Lexicon with Legal Maxims Second Edition, page 1921 `Profession' as defined in the Concise Oxford Dictionary means among other things, vocation, calling, specially one that involves some branch of learning or science, as the learned profession (divinity, law, medicine). A profession is normally associated with the exercise of intellectual or technical equipment resulting from learning or science. A Chartered Accountant is approached by his client for advice and guidance in his problems with regard to trade, business or industry, and it is expected that the chartered accountant to the best of his ability would be in a position to help him in his difficulties and not betray the confidence that is placed in him. This is one of the elements which should be sought when considering whether a particular person is practising a profession or is merely doing a business:" 2) According to Nasim Hasan Shah, CJ, Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ in 1994 P L C (C.S.) 1105 in following Civil Appeals; Civil Appeal No. 31 of 1992 and On appeal from the judgment dated 21‑&1987 of the Lahore High Court, Civil Appeal No. 32 of 1991 MAQBOOL AHMAD and 5 others Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Water and Power, Government of Pakistan, Islamabad and 9 others (On appeal from the judgment dated 21‑6‑1987 of the Lahore High Court, Lahore passed in Writ Petition No. 2012 of 1987). Civil Appeal No. 57 of 1992 (On appeal from the judgment dated 8‑10‑1991 of the High Court of Sindh at 16 "A careful reading of subsections (1) and (2) of section 27 of the Act will show that the penalties prescribed in the section are attracted‑‑only against those persons who are not registered under the Act but undertake any professional engineering work as defined in the Act. Similarly, the person who employs a person who is not registered under the Act, on a professional engineering work, is equally liable for punishment under the Act. The above provisions are wide enough to include the cases of those persons who may be employed in any private or Governmental organization and are called upon to undertake any professional engineering work. The provisions of the Act, regarding registration of professional engineer and consulting engineer, therefore, in my view, would not be applicable to the persons serving as engineer with the Railways, as in course of their such employment they neither act as `professional engineer' nor, as `consulting engineer'. However, if such persons undertake any professional engineering work as defined under the Act, then the provisions regarding registration under the Act will be attracted and they could also be punished in accordance with the provision of section 27 of the Act for violating the provision of the Act 18 "The Committee was of the view that the Government could appoint a non‑graduate engineer to a post in any grade but if the post involved performance of professional engineering works such appointment would attract penalties prescribed in the Act." 3) The issue of definition of word "Professional" was sorted out by the then Chief Justice of Sindh High Court (Mr. Justice Saeeduzzaman Siddiqui, CJ) as referee judge in 1992 P L C (C.S.) 637 MUHAMMAD AZIM JAMALI and 11 others Versus GOVERNMENT OF PAKISTAN through Secretary/Chairman, Ministryof Railways and 33 others Constitutional Petition No. D-483 of 1984, decided on 8th October, 1991 "I am of the view that expression "professional engineer" carries specific connotation in the Act which means a person who is in the profession of engineering and practice as such for the purpose of tendering technical advice in respect of a work involving technical skill of engineering. Accordingly a person who is not independently practicing in the profession of engineering and in the employment of the Government Department would not be covered in the definition of professional engineer so as to make him register able under the provisions of the Act". 4) Finally full bench of Honourable Supreme Court of Pakistan on 05.06.1995 in Suo Motu Review Petition No. 52 of 1993 (PLD 1995 SC 701), Sajjad Ali Shah, CJ., Ajmal Mian, Manzoor Hussain Sial, Muharnmad Munir Khan and Mir Hazar Khan Khoso, JJ while giving its verdict in favour of B.Tech (Hons) degree holders, thrashed out the role of Pakistan Engineering Council, definition of professional engineering and applicability of PEC Act, 1976.
5) According to Ajmal Mian, Fazal Karim and Mukhtar Ahmed Junejo, JJ in P L D 1996 Supreme Court 182, MUHAMMAD SADIQ and others ‑‑‑ Appellants "Government would have exclusive domain to decide, whether any particular qualification would be considered sufficient for promotion from any particular grade to a higher grade and Government was vested with power to change such policy from time to time Pakistan Engineering Council, however, has exclusive domain to decide; as to whether any particular qualification could be equated with another academic qualification but it has no power to say the a civil servant/employee holding particular academic qualification could not be promoted from a particular grade to higher grade." 7) According to Government of "The Supreme Court of Pakistan has given a judgment in Sou Moto review Petition No.52 of 1993 that the provisions of the Pakistan Engineering Council Act are applicable only to professional engineers and consulting engineers who are in practice and not to the persons working in the Govt. departments, autonomous bodies, local authorities and private firms or companies, Likewise, the court held that the Pakistan Engineering Council is vested with the functions to regulate the persons qualified to practice as professional engineers and consulting engineers and not persons who are employed in Govt. or semi Govt. organizations. If the Govt. employees are professional Engineers as defined in the Act for performing professional engineering work as envisaged by the Act in Clause (K) of Section-2, the provisions of the Act would be attracted and not otherwise."
Your Faithfully, . .
       
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