CONSTRUCTORS ASSOCIATION OF PAKISTAN, through Authorized Representative vs BALOCHISTAN IRRIGATION DEPARTMENT,

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CONSTRUCTORS ASSOCIATION OF PAKISTAN, through Authorized Representative VS BALOCHISTAN IRRIGATION DEPARTMENT, through Secretary Irrigation Department Cl. 7(3)---Pre-qualification of constructors of a dam---Criteria---Expression "project of similar nature and complexity"---Scope---Irrigation Department limited the constructors' qualification only to the extent of experience in construction of dams completed over ten years---Contention of petitioners was that criteria notified by the Irrigation Department was contrary to the criteria laid down by Pakistan Engineering Council---Validity---Employer might prescribe his own requirement for pre-qualification of constructors or operators to assess the financial soundness, plant and equipment capability and previous experience and specific expertise, which was essential for the execution of the work to eliminate constructors not suitably qualified to perform high value contract and to encourage realistic bids by the bidders---Project of similar nature and complexity did mean the project having resemblance in appearance, basic features, characteristic, qualities and complication similar to the project to be executed but not exactly the same---Eligibility criteria for pre-qualification of constructors should be based upon the guidelines of Pakistan Engineering Council---If a constructor had completed a project with regard to which skill, effort and responsibility were similar and performed under the similar working condition as required for the project to be executed then such experience should be taken into consideration while considering the pre-qualification proceeding provided that the project already completed and the project intended to be executed were of same discipline and falling under same code---Required criteria for the project in question was not only illogical but also against the basic aim and object of pre-qualification---Criteria fixed by the irrigation department would not only deprive constructors from participating in the bid proceedings of current project but it would disqualify those in future who were otherwise legally entitled to perform similar nature of works---If any applicant had failed to fulfil one of the conditions of any category of criteria then he should not be disqualified merely that he did not fulfil the specific component rather the marks fixed for said items should not be assigned to it---Applicant must meet the minimum criteria and should obtain 50% score in each category to qualify for participation in the bid proceedings---If constructor or operator had secured marks fixed for rest of the items then same should be calculated and if it was liable to secure 50% or more marks then same should be considered accordingly---Authority had power to relax required period of experience for execution of project of similar nature to provide an opportunity to the maximum number of qualified constructors and operators---Irrigation Department was directed to follow the guidelines in accordance with Pakistan Engineering Council Bylaws while assessing the qualifications of constructors and operators who had submitted their applications for pre-qualification---Constitutional petition was allowed in circumstances.

CONSTRUCTORS ASSOCIATION OF PAKISTAN, through Authorized Representative vs BALOCHISTAN IRRIGATION DEPARTMENT, through Secretary Irrigation Department Cl — 2021 CLC 60 QUETTA-HIGH-COURT-BALOCHISTAN

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