MEDIQUIPS (PVT.) LTD. vs GOVERNMENT OF KHYBER PAKHTUNKHWA Judicial review — 2021 CLC 1939 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1939 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: MEDIQUIPS (PVT.) LTD. vs GOVERNMENT OF KHYBER PAKHTUNKHWA Judicial review
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MEDIQUIPS (PVT.) LTD. VS GOVERNMENT OF KHYBER PAKHTUNKHWA Judicial review---Principle---Financial bid, opening twice---Scope---Petitioner was awarded contract after his financial bid was accepted---Khyber Pakhtunkhwa Procurement Regulatory Authority without setting aside the contract, directed Procurement Entity to consider financial bid of respondent also---Validity--- Once financial bid was opened and contract was awarded, then order to Procuring Entity to consider financial bid of respondent without setting aside financial bid and award of contract to petitioner was inappropriate and irrational---Decision of Khyber Pakhtunkhwa Procurement Regulatory Authority resulted in absurd consequences and such order was not sustainable---Sanctity could not be attached to contracts which had already been concluded and it would not prevent Constitutional Courts from exercising its jurisdiction, when such contracts were found to have been unlawfully executed---Financial bid could not be allowed to be opened twice unless first opening of such bid was specifically set aside---High Court set aside order passed by Khyber Pakhtunkhwa Procurement Regulatory Authority, as well as steps taken by Procuring Entity in pursuance thereof which were unlawful, null and void---Constitutional petition was allowed, in circumstances.

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