Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Public procurement---Rejection of bid---Natural justice---Vested right---Scope ---.--- APPELLANT impugned rejection of its bid by the procuring authority on ground, inter alia, that petitioner had been declared the lowest bidder, and therefore a vested right accrued to the petitioner---Validity---Mere acceptance of the lowest bid would not constitute a concluded contract, therefore, principle of natural justice would not be attracted in such a case, in absence of any vested right of the petitioner---Bid of petitioner had not been confirmed finally and contract therefore, could not be said to be completed---Constitutional petition was dismissed, in circumstances. Messrs Ittehad Cargo Service and 2 others v. Messrs Syed Tasneem Hussain Naqvi and others PLD 2001 SC 116 and Babu Pervez v. Settlement Commissioner, Multan and Bahawalpur Divisions Multan and 2 others 1974 SCMR 337 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD EJAZ SWATI, JUSTICE:---.--- The respondents invited tender of construction of Staff Mess and APM residence at Zhob, Airport through publication in daily newspaper Jang, Quetta dated 28th April 2016 (tender in question). Five bidders including the petitioner participated in the tender. The petitioner secured lowest position by quoting their bid amounting to Rs.17,358,485/-. It is the case of the petitioner that the petitioner was declared lowest bidder and despite approval/issuance of comparative statement by the respondents Nos.2, 3 and 4, no work order was issued for three months and contrary to Public Procurement Regularity Authority Rules, 2004 (PPRA Rules) re-advertised the tender in daily newspaper Jang, Quetta dated 13th August, 2016. The petitioner submitted an application to the respondent No.5 on 12th August, 2016, but the same has not been replied with. In the instant petition, the petitioner prayed as under: "It is therefore, prayed that this Hon'ble Court may kindly allow the petition and the petitioner be awarded the bid in question (construction of Staff mess and APM House at Zhob Airport) and be restrained the respondent No.5, for re-tendering the bid in question, and…

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