Law:

Section:

(a) Constitution of Pakistan---Art. 199---Constitutional petition---Public contract---Judicial review, powers of---Scope---If action of public functionary in awarding contract lacks transparency, constitutional petition would lie, as it has been their constitutional obligation to act fairly and justly while performing administrative functions---If any unfair or arbitrary actions are complained of or discrimination is agitated, such grievances can be dealt with in exercise of its powers of judicial review under Art. 199 of the Constitution, if High Court is otherwise satisfied that action complained of is arbitrary and unfair and the same can be struck down. Reliance Consultancy v. Federation of Pakistan 2010 CLC 1046 and Arif Builders and Developers v. Government of Pakistan PLD 1997 Kar. 627 rel. (b) Public Procurement Rules, 2004--R. 48--- Constitution of Pakistan, Art. 199---Constitutional petition--- Alternate and efficacious remedy---Petitioner sought declaration that categorization of petitioner as defaulter and action taken by authorities on that basis was perverse, arbitrary and unjustified and petitioner had been deprived to participate in tenders for all times to come---Validity--- Such situation was not dealt with by Rule 48 of Public Procurement Rules, 2004---Procurement agency itself formulated committee under Rule 48 of Public Procurement Rules, 2004, and the same did not provide efficacious and alternate remedy---Petition was maintainable in circumstances. (c) Public Procurement Rules, 2004--- ----R. 48---Constitution of Pakistan, Arts.18, 25 & 199---Constitutional petition---Public tender, awarding of---Defaulter--- Determination--- Petitioner-company was excluded by Corporation calling for tenders from participating in bidding pursuant to public tender on the ground of its being defaulter---Validity---Petitioner on payment of outstanding dues in terms of award, could not be termed as defaulter and could not be ousted to participate in tender process---Act of ousting of petitioner to participate in tender lacked authority and jurisdiction and was violative of Articles 18 and 25 of the Constitution---Such acts and decisions of public…

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