Law: Constitution of Pakistan, 1962

Section: 98(2), 2

  Constitution of Pakistan (1962), Art. 98(2) read with Art. 2 ---Allocation of contracts by Government for public works-Change an policy of allocation of such contracts-Solely rests with Govern ment and a contractor can have no say in matter-Decision taken by Government to adopt one or other method of allotment of works to contractors-Held, not open to judicial review by law Courts. In the Quetta and Kalat Regions, all contracts and works of public nature were used to be awarded to the eligible contrac tors on the approved list, by inviting open tenders. The only departure from this system for the allocation of contracts in this connection was made with respect to the works executed in certain specified areas situated in the Tribal borders where limited con tracts up to the value of Rs. 40,000 were allotted by the Political Agent concerned by nomination, to the tribal Sardars and Maliks. But under the revised policy recently introduced by the Govern ment the old system for the grant of contracts and works to the contractors in Baluchistan was materially changed. The Govern ment decided that in future all works and contracts in Quetta and Kalat Divisions (excepting `A'-area comprised of Quetta City and other small towns and the area covered by the railway line) should be allotted to the contractors by a single nomination from among the contractors on an "Approved List" maintained by the Commissioner and the Deputy Commissioner for the area. The Deputy Commissioner is authorised to award contracts and work: of the value of up to Rs. 5,00,000 in his discretion and between Rs. 5,00,000 to Rs. 10,00,000 subject to confirmation by the Com missioner. Contracts above Rs. 10,00,000 in value could be sanc tioned by the Commissioner in his discretion. In this manner the system in vogue for the allotment of public works by open tender in most of the territories in Quetta and Kalat Regions was altogether given up and under its revised policy the Government has decided to allot these works and contracts to the contrac tors by nomination from the "Approved List". According to the petitioners this change in the policy had adversely affected their…