| Case ID |
df10acc1-31a9-4f58-a589-157f06c73f7a |
| Body |
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| Case Number |
Writ Petition No.4872 of 2014 |
| Decision Date |
Mar 06, 2014 |
| Hearing Date |
Mar 06, 2014 |
| Decision |
The writ petition was dismissed as the petitioners were not pre-qualified for the bidding process despite applying for pre-qualification. The court held that the procuring agency had promptly informed the petitioners about their non-pre-qualification and that the petitioners had not requested reasons for this decision. The court emphasized that the matter of pre-qualification is primarily a policy issue or commercial transaction, which does not fall within the judicial review unless there is evidence of arbitrariness or favoritism. The court concluded that there was no illegal action by the respondents and the factual controversy regarding the petitioners' qualifications could not be resolved in constitutional jurisdiction. |
| Summary |
In the case of Writ Petition No.4872 of 2014, the Lahore High Court addressed a constitutional petition regarding the pre-qualification process for contractors under the Punjab Procurement Rules, 2014. The petitioners, Messrs Khalid and Brother, claimed that they were unjustly excluded from the pre-qualification list for various construction projects by the Punjab Province. The court examined the procedural adherence of the procuring agency, which had followed the requisite rules but had not provided reasons for the non-pre-qualification as the petitioners did not request them. It was determined that the court lacks the expertise to review the technical and managerial capabilities of contractors, thus maintaining the integrity of the executive's policy-making prerogatives. The decision reinforces the boundaries between judicial review and executive discretion in procurement matters, emphasizing the need for clear procedural compliance and the importance of requesting information when needed. The ruling underscores that claims of mala fide require substantial proof, and mere allegations do not suffice to challenge executive actions. This case highlights the significance of proper legal representation in procurement disputes and the necessity for contractors to understand their rights under procurement laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Faisalabad Development Authority,
Punjab Procurement Regulatory Authority
|
| Judges |
ABID AZIZ SHEIKH, J
|
| Lawyers |
Riaz Karim Qureshi for Petitioners,
Khawar Ikram Bhatti, Additional A.G. for Respondents
|
| Petitioners |
Messrs KHALID AND BROTHER through Proprietor and 5 others
|
| Respondents |
2 others,
Lahore High Court,
PUNJAB PROVINCE through Secretary Housing Urban Development and Public Health Engineering Department, Punjab
|
| Citations |
2014 SLD 2163,
2014 CLD 1410
|
| Other Citations |
Dr. Akhtar Hassan Khan and others v. Federation of Pakistan and others 2012 SCMR 455,
Afzal Motors Company (Pvt.) Limited v. Province of Sindh and others 2009 SCMR 659,
Public Health Contractors Welfare Association v. Province of Punjab and others 2004 MLD 21
|
| Laws Involved |
Punjab Procurement Rules, 2014,
Constitution of Pakistan
|
| Sections |
16,
17,
199
|