Law:

Section:

Punjab Procurement Regulatory Authority Act (VIII of 2009)--- ----S. 2(n)---Punjab Procurement Rules, 2014, R. 3---Public procurement---Scope---Punjab Curriculum and Textbook Board ("the Board")---Printing and publishing of textbooks for private schools---For the purposes of printing and publishing textbooks for government schools, the Board and the authorities invited tenders, whereas for the purposes of private schools the publishing and printing work was allocated among the publishers and printers on the basis of their strength and capacity---Petitioners, who were publishers engaged in the business of publishing and printing textbooks and were duly registered with the Board, contended that for purposes of private schools also the Board and the authorities were obligated to follow the Punjab Procurement Regulatory Authority Act, 2009 ("Act") and the Punjab Procurement Rules, 2014 ("Rules"); held, that the petitioners' relationship with the Board was contractual in nature as the quantum and price (for printing and publishing textbooks for private schools) was negotiated before settling the terms for providing textbooks---For the purposes of government schools, the 'Act' and the 'Rules' were followed as public provision was involved, however in case of private schools, the 'Act' and 'Rules' were not followed because there was no public procurement involved as the services were not financed wholly or partly out of the public fund---In terms of section 2(n) of the 'Act', public procurement meant acquisition of goods, services or rendering of works financed wholly or partly out of the Public Fund, unless excluded by the Government---In the present case, clearly there was a contractual relationship in which the petitioners negotiated the terms and conditions at which they would print and publish the textbooks for the private schools--- Since there was no element of public procurement involved, there was no obligation on the part of the Board and the authorities to call for public procurement for the purposes of private schools textbooks---Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: AYESHA A. MALIK, JUSTICE:---.--- Through…

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