Case Details

Citation(s)
2008 SLG 2199 2008 SLD 2199 2008 CLD 909
Sindh High Court
C.P. No.D-535 of 2008, decision dated: 21st April, 2008.
MRS. QAISER IQBAL AND SYED MAHMOOD ALAM RIZVI, JJ
Rukhsana Ahmed for Petitioner. Qazi Majid Ali for
Respondents Nos.1, 2, 4, 5, 6 and 7. Khalid Javed Khan for
Respondent No. 3.

Messrs HAJI ABDUL BAQI AND BRothers

VS

. MANAGING DIRECTOR, Karachi High Court WATER AND SEWERAGE BOARD and 6 others

Law:

Section:

Constitution of Pakistan (1973)-------Art.199---Constitutional petition---Tender, bidding in---Qualification---Joint venture---Grievance of petitioner was that authorities did not issue him tender document as he was not found qualified to participate in tender---Plea raised by petitioner was that it was a joint venture and any disqualification in him could be met by his venture partner---Validity---Petitioner and his joint venture partner were both individually disqualified under Pakistan Engineering Council Regulations---Petitioner was disqualified on the ground of lacking financial limit, while his partner was lacking field specialization---Two disqualified persons even in cases of joint venture tender would not be qualified by joining hands---Each contractor must be qualified in his own right before forming a partnership to tender for a joint venture project---Petitioner being disqualified was not entitled to be issued tender documents--- Petitioner himself was at fault and by filing constitutional petition, he had delayed execution of project in question---Petition was dismissed in circumstances. ORDER Through this petition the petitioner has challenged the impugned order dated 24-3-2008, issued by the respondent No.3 seeking declaration that the petitioner is a competent contractor to bid in the tenders and the respondents be directed to issue tender documents to the petitioner for participating in the bids. The petition emanates under the facts and circumstances that the petitioner -is a Government Contractor registered with Pakistan Engineering Council, remained engaged with the bidding of Government contracts for public works falling within the jurisdiction of Karachi Water and Sewerage Board under Tameer-e-Karachi Programme under valid license for rapid and extensive development of Karachi city and the surrounding area. The petitioner has applied for issuance of tender documents for:-- (i) M.S. Rising Main 66 Inch (BN-1676 MM) to Hub Pumping Station and Hub Water Treatment Works. (ii) M. S. Water Supply Pipeline North Karachi Filter Plan (NEK) to Neelam Hill Talser Town MDA and construction of 10 million gallon capacity pump house and 2.5 million…
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