Law: Sindh Public Procurement Rules, 2010

Section: 29,32

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Public Procurement Rules, 2010--- ----Rr. 29 32---Constitution of Pakistan, Art. 199---Constitutional petition---Public procurement---Eligibility criteria---Scope---Alternate remedy, non-availing of---Petitioner without availing remedies provided under Sindh Public Procurement Rules, 2010, assailed order disqualifying it from tender proceedings---Validity---Petitioner could not prove eligibility criteria as mentioned in Tender Notice in order to determine its eligibility as per law---If bidder whose bid was determined to be the lowest but who did not have capability to perform the contract his bid was to be rejected---Petitioner after decision of Grievance Redressal Committee did not approach to Review Committee through filing an appeal as provided in R. 32 of Sindh Public Procurement Rules, 2010---Petitioner approached High Court without availing remedy of appeal---High Court declined to interfere in the matter as decision of disqualifying petitioner from tender proceedings was neither against the law nor any substantial error or procedural defect was committed and no material point of law was left undecided---Constitutional petition was dismissed, in circumstances. 2011 YLR 746 rel. JUDGMENT KAUSAR SULTANA HUSSAIN, J.---Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the Petitioner submitted following prayers:- i) To declare the act of Respondent No.2 (Messrs NED University) in respect of acceptance of highest Bid of the Respondent No.3 (Messrs T.S. Builders) towards the lowest Bid of the Petitioner is quite illegal, unlawful and against the law. ii) To declare that the Respondent No.2 is legally bound to hold the Bid Proceedings in TRANSPARENT MANNER as per Article 25 of the Islamic Republic of Pakistan, 1973, whereas the Respondent No.2 has accepted the Bid of the Respondent No.3, which is very high toward the Bid of the Petitioner. iii) To further declare that since the petitioner is the Successful Bidder therefore, the act of the respondent No.2 for issuance of impugned Work Order dated 08.05.2019 to the respondent No.3 after acceptance of Highest Bid of the respondent No.3 is quite…

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