Law:

Section:

Constitution of Pakistan (1973)-Art. 185 (3) read with Sind Purchase Manual, 1977, cl. 38-Rules contained in Sind Purchase Manual-Held, departmental instructions only to regulate and facilitate working of Department concerned with procurement of stores and cannot operate to create legal rights and enforced in Court of law--Government unequivocally exercising right to reject any tender-Authority, in its discretion, rejecting tender of petitioner although quoting lowest rates-Held, petitioner cannot claim grant of contract on basis of its being lowest-Leave to appeal refused. The Majlis-e-Intizamia, Jamia Masjid, Ghulam Muhammad Abad Colony, Lyallpur v. The Secretary to Government of West Pakistan Communication Works Department, Lahore P L D 1975 S C 355 ; Arsalla Khan v. Bashir Ahmed Blour and 3 others P L D 1970" S C 581 ; Anjumane-Ahmadlya, Sargodha v. The Deputy Commissioner, Sargodha P L D 1.966 S C 639 and Miss Naseem Kausar v. Government of Pakistan P L D 1972 Kar. 563 distinguished. Muhammad Sharif v. Secretary to Government of Punjab P L D 1973 S C 497 ; Estate Office Government of Pakistan v. Tahir Hussain P L D 1962 S C 75 and Rehmat Ali v. Revenue Board, West Pakistan, Lahore 1973 S C R M 342 ref. ORDER ZAFFAR HUSSAIN MIRZA, J.-This petition for special leave to appeal is directed against the judgment dated 30-11-1982 passed by the High Court of Sind at Karachi, whereby the Constitutional Petition filed by the petitioners 'was dismissed. 2. The Director of Industries and Mineral Development, Government of Sind, respondent No. 1 herein, invited quotations on behalf of the Health Department, inter alia, for the supply of intravenous fluids comprising 1,25,000+35,600 bags of Dextrose 5% in water with complete set and 1,25,000+2,000 bags of Dextrose Saline 5 % with complete set. The tenders were submitted by various parties including the petitioners and respondent No. 3 who are registered suppliers of such stores. On the opening of tenders on 20-7-1982, it was found that the rates quoted by the, petitioners were the lowest. Before the acceptance of their tender could be communicated to the petitioners, however, it appears some development took place, as…

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