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 pre-qualification 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 hardly matter---Court could not ignore such violation…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492