| Case ID |
104ec17e-769e-42cb-88e0-cdcc4b614a6b |
| Body |
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| Case Number |
High Court Appeals Nos.39 and 82 of 2012 |
| Decision Date |
Oct 03, 2012 |
| Hearing Date |
Sep 17, 2012 |
| Decision |
The Sindh High Court ruled on the appeals concerning the procurement process undertaken by the Pakistan Defence Officers Housing Authority (DHA) in relation to construction contracts. The Court emphasized that while prequalification does not guarantee selection for a contract, once a contractor has met the prequalification criteria, they cannot be excluded from the bidding process without lawful justification. The decision highlighted the discretion of the procuring agency and the necessity for transparency and adherence to established rules in the procurement process. The Court allowed HCA No. 82/2012 and dismissed HCA No. 39/2012, permitting DHA to initiate the procurement process afresh in accordance with the law. |
| Summary |
This case addresses the legal principles surrounding the procurement process and prequalification criteria for contractors in Pakistan. The Sindh High Court examined whether the Pakistan Defence Officers Housing Authority (DHA) acted within its rights when it changed prequalification criteria after contractors had already been prequalified. The Court underscored the importance of maintaining fairness and transparency in public procurement. It determined that a contractor who has met the prequalification requirements should not be arbitrarily excluded from the bidding process. This ruling reinforces the rule of law in public contracting, ensuring that all bidders are treated equitably and that procurement practices are conducted openly and without bias. The case serves as a vital reference for future procurement disputes, emphasizing the need for adherence to established rules and the protection of contractors' rights. Key terms include 'public procurement', 'prequalification criteria', 'contractor rights', and 'transparency in bidding'. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Defence Officers Housing Authority,
Shaheen Construction Company
|
| Judges |
SHAHID ANWAR BAJWA,
AFTAB AHMED GORAR
|
| Lawyers |
Khalid Javed Khan for Appellant (in HCA No.39 of 2012),
Muhammad Mushaffy for Appellant (in HCA No.82 of 2012),
Shahenshah Hussain for Respondents (in HCA No.39 of 2012),
Khalid Javed Khan for Respondents (in HCA No.82 of 2012),
Muhammad Masood Khan for Respondent No.3 and (in HCA No.39 of 2012) and for Respondents Nos.3 and 4 (in HCA No.82 of 2012)
|
| Petitioners |
PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY through Secretary and another
|
| Respondents |
SHAHEEN CONSTRUCTION COMPANY through Mrs. Zeeshan Fatima and others
|
| Citations |
2013 SLD 689,
2013 CLC 476
|
| Other Citations |
Suo Motu Case No.5 of 2010 PLD 2010 SC 731,
Mst. Maqbool Begum and others v. Gullan and others PLD 1982 SC 46,
A.R. Khan & Sons (Pvt.) Ltd. through Authorized Officer and 3 others v. Federation of Pakistan through Secretary Ministry of Commerce, Islamabad and 3 others 2010 CLC 1810
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964),
Public Procurement Rules, 2004
|
| Sections |
15,
15,
36,
37
|