Law:

Section:

(a) Public Procurement Rules, 2004--- ----Rr. 15, 18, 19 & 36---Procurement through open competitive bidding---Scope---Mere prequalification of a prospective bidder would not create vested right in him to be directly selected for any prospective bid---Prospective bidder once having meted out prequalification criteria laid down for execution of a particular work could not be ousted from participating in financial bid by knocking him down while changing prequalifying criteria and that too without any lawful justification---Prequalified contractor would have vested right unless disqualified or blacklisted in terms of Rr.18 & 19 of Public Procurement Rules, 2000 to directly compete in financial bidding---Principles. (b) Public Procurement Regulations, 2008--- ----Regln. 3---Procurement through open competitive bidding---Prequalification criteria change in---Scope---When prequalification was job specific, then any such change would not only be discriminatory but would be voilative of Regln.3 of Public Procurement Regulations, 2008---Process for asking prequalified contractors to go through prequalification process afresh and that too without any plausible or lawful justification would be without authority---Illustration. (c) Civil Procedure Code (V of 1908)--- ----S. 151, O.XXXIX, Rr.1 & 2---Interim relief/injunction or maintaining status-quo, grant of---Scope---Ultimate/final relief claimed in a suit would normally be not granted as an interim measure, if same would create a new situation---Mere directing parties in a suit for injunction to maintain status quo would neither amount to granting main relief nor creating a new situation. Islamic Republic of Pakistan through Secretary, Establishment Division, Islamabad and others v. Muhammad Zaman Khan and others 1997 SCMR 1508 rel. (d) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1 & 2---Interim injunction against public functionaries, grant of---Scope---Where decisions of public functionaries were either mala fide or against law and/or rules, then same would be liable to be struck down, thus, balance of inconvenience in such case would be hardly matter---Court could not ignore such violation…

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