Law: Constitution of Pakistan, 1973

Section: 18

Law: Punjab Procurement Rules, 2014

Section: 4,8,9,67

(a)    Constitution of Pakistan--- ----Art. 18---Constitutional guarantee of freedom of trade, business and profession---Scope---Right to freedom of trade, business or profession under Art.18 of the Constitution is not an absolute right but is subject to qualifications and restrictions prescribed by the law---Such restrictions have to be reasonable and the Courts are competent to review such restrictions on the touchstone of reasonability. Messrs 3N-Lifemed Pharmaceuticals v. Government of Punjab through Primary and Secondary Healthcare Department and others 2023 CLC 948 rel. (b)    Punjab Procurement Rules, 2014--- ----Rr. 4, 8, 9 & 67---Punjab Procurement Regulations, 2024, Regln.5--Constitution of Pakistan, Art. 18---Mis-procurement---Grouping of works--Splitting of tendered work---Petitioners assailed procurement process carried out by authorities---Validity---In terms of Regln.5 of Punjab Procurement Regulations 2024 and R.8 of Punjab Procurement Rules, 2014 annual development plan by each procuring agency with respect to procurement to be carried out in that fiscal year has to be devised within one month of the beginning of fiscal year and the same must be made public---Such procurement plan would rule out possibility of tinkering and/or manipulation in any tender at the time of inviting bids---There is an administrative and executive discretion vested in the procuring agency to formulate and design procurement plan by grouping and/or splitting the works for the purposes of ensuring widest possible competition and obviating the possibility of favouritism---Once such discretion is exercised, through an annual development plan, the procuring agencies are obligated to adhere to the same without splitting and/or regrouping the same in terms of R.9 of Punjab Procurement Rules 2014---Adherence to R.8 of Punjab Procurement Rules, 2014 as to announcement of proposed annual procurement plan in a financial year is a legal obligation which stands as a bar and check upon procuring agency to arbitrarily split and/or regroup the subject matter of procurement to tailor make the same to extend favouritism---Procuring agency should at…