| Case ID |
03bea798-50bd-461c-b1ce-860c7a636794 |
| Body |
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| Case Number |
Writ Petition No. 196 of 2016 |
| Decision Date |
May 12, 2016 |
| Hearing Date |
Mar 30, 2016 |
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by Maqbool Associates (Pvt.) Ltd. and others against the Federation of Pakistan regarding the rejection of their bids for two departmental projects. The court held that the petitioners had an alternate remedy available under the Public Procurement Regulatory Authority Rules, 2004, and that their grievances were not maintainable in constitutional jurisdiction. The court emphasized that the rejection of bids was justified, as the petitioners did not meet the necessary qualifications and financial capacity for the projects, and that the evaluation of bids is a matter best suited for the procuring agency to determine. The court stated that the constitutional jurisdiction should not be invoked to resolve disputed questions of fact. The decision reinforces the principle that the lowest bid does not automatically guarantee contract award, especially in cases where the bidder lacks the requisite experience and qualifications. |
| Summary |
This case revolves around the dismissal of a writ petition by Maqbool Associates (Pvt.) Ltd. against the Federation of Pakistan pertaining to the rejection of their bids for two significant infrastructure projects under the Public Procurement Rules, 2004. The Islamabad High Court, presided over by Justice Aamer Farooq, ruled that the petitioners had failed to provide sufficient justification for their claims of wrongful rejection of bids. The court stressed the importance of the Public Procurement Regulatory Authority's role in maintaining transparency and fairness in the bidding process. The judgment highlights the necessity for bidders to not only submit the lowest bid but also to demonstrate the requisite technical expertise and financial capacity to undertake the projects. This ruling serves as a pivotal reminder for contractors and legal practitioners regarding the standards of bid evaluation and the importance of adhering to procurement regulations. The decision also underscores that courts should refrain from adjudicating on technical qualifications and operational capabilities, which are within the purview of the contracting authority. Keywords include 'Public Procurement Rules', 'Islamabad High Court', 'bid rejection', 'constitutional petition', 'infrastructure projects', 'contractor qualifications', which are currently trending in legal discussions surrounding procurement and contracting processes. |
| Court |
Islamabad High Court
|
| Entities Involved |
FEDERATION OF PAKISTAN,
National Highway Authority,
MAQBOOL ASSOCIATES (PVT.) LTD.
|
| Judges |
AAMER FAROOQ
|
| Lawyers |
Arshad Nazir Mirza,
Asim Shafie,
Wasim Sajjad,
Idrees Ashraf,
Rizwan Faiz Muhammad,
Ahmed Atta ur Rehman,
Barrister Mumtaz Ali Khan
|
| Petitioners |
MAQBOOL ASSOCIATES (PVT.) LTD.
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
2016 SLD 2627,
2016 MLD 2006,
2016 PLJ 543
|
| Other Citations |
Raja Mujahid Muzaffar and others v. Federation of Pakistan and others 2012 SCMR 1651,
Messrs Presson Manufacturing Limited and another v. Secretary, Ministry of Petroleum and Natural Resources and 2 others 1995 MLD 15,
Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268,
Petrosin Gas Pakistan, Pvt. Ltd. v. Pakistan State Oil and another 2010 YLR 2643,
Petrosin Corporation Pvt. Ltd. and 2 others v. Oil and Gas Development Company Ltd. through Managing Director 2007 CLD 578,
Tariq Aziz ud Din and others; in re Human Rights Cases Nos.8340, 9504-G, 13936-G, 13635-P and 14306-G to 143309-G of 2009; 2010 SCMR 1301,
Petrosin Products Pvt. Ltd. v. Federation of Pakistan through Secretary Privatization Commission 2001 CLC 1412,
Techno Time Construction Company through Partner v. Punjab Highway Department through Chief Engineer and 2 others 2014 MLD 874,
Petrosin Corporation Ltd. v. Oil and Gas Development Company Ltd. through Managing Director 2010 CLD 15,
Messrs Michigan Rubber India Ltd. v. State of Karnataka and others 2013 SCMR 526,
Ayaz Builders through Partner v. Karachi Water and Sewerage Board through Managing Director and 2 others 2007 CLC 728,
Muhammad Irshad and another v. Tehsil Municipal Administration through Tehsil Nazim, Lodhran and 3 others 2006 CLC 1902,
Mehboob Ali Malik v. The Province of West Pakistan and 2. The Lahore Municipal Corporation PLD 1963 (W.P.) Lah. 575,
Jamshoro Joint Venture Ltd. and others v. Khawaja Muhammad Asif and others 2014 SCMR 1858,
Messrs M.K. International Local Agent of Messrs Interman Trading FZE v. Sui Southern Gas Company through M.D. and 2 others 2016 CLC 1,
Messrs Khalid and Brother through Proprietor and 5 others v. Punjab Province through Secretary Housing Urban Development and Public Health Engineering Department, Punjab, Lahore and 2 others 2014 CLD 1410
|
| Laws Involved |
Public Procurement Rules, 2004,
Constitution of Pakistan, 1973
|
| Sections |
48,
199
|