Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art 199--Constitutional jurisdiction of High Court---Scope--- Enforcement of contractual obligation--Maintainability of Constitutional petition---Conditions---Court cannot shut its eyes if it is established that the manner, the method and the motive of decision of entering or refusing to enter into a contract by an organization controlled by the Government or a local body or any statutory Authority entered into or refused to enter into an agreement just to favour their chosen one, or acted against any Rules including the right of fair opportunity to all as guaranteed by the Constitution---Such an action, if taken, by the said organizations, is open to judicial review on the touchstone of reasonableness, transparency, fairplay and non-discrimination---Duty of such organizations in like matters stressed---Petitioner, in the present. case, had not acquired prescribed experience and was not holding sufficient equipments and was not suitable for pre-qualification as a contractor and out of 22 firms who submitted application, the Committee constituted by the Authorities prequalified only 13 firms and disapproved 9 firms including the petitioner's firm, Authorities, in circumstances, had prima facie, established that while awarding the contract, they had acted fairly, impartially and had not violated any rules and regulations,--Principles. An obligation arising out of the contract normally cannot be enforced by means of the Constitutional petition, but at the same time Court cannot shut its eyes if it is established that the manner, the method and the motive of decision of entering or refusing to enter into a contract by an organization controlled by the Government or a local bodies or any statutory Authority entered into or refused to enter into an agreement just to favour their chosen one or acted against any rules including rule of fair opportunity to all as guaranteed by the Constitution, then it is open to judicial review on the touchstone of reasonableness, transparency, fairplay and non­discrimination. Every organization, while dealing with the general public, should prefer the interest of the State and of the…

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