PEGASUS CONSULTANCY (PRIVATE) LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence Producti

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PEGASUS CONSULTANCY (PRIVATE) LIMITED VS FEDERATION OF PAKISTAN through Secretary Ministry of Defence Production Rr.29 & 32---Constitution of Pakistan, Art.199---Constitutional petition---Public procurement---Eligibility criteria---Scope---Petitioner assailed pre-qualification bid process for procurement of event management services by respondent authorities declaring him disqualified---Validity---Provisions of Public Procurement Rules, 2004 envisaged that while engaging in pre-qualification, a procuring agency could tailor evaluation criteria while taking into consideration relevant experience and past performance; capabilities with respect to personnel, equipment, and plant; financial position; and appropriate managerial capability, along with any other factor that the procuring agency could deem relevant which was not inconsistent with Public Procurement Rules, 2004---No cogent factor has been raised as to conclude, keeping in mind the size and nature of the event, that the requirement as to experience or financial standing ought not to have been incorporated in the manner imposed---Fate of petitioner's challenge turned on a determination of whether its disqualification in light of the criteria could be termed unreasonable, which entailed an assessment of whether or not the same ensued for reasons that could reasonably be regarded as being valid---Letters issued by bank did not qualify as an unequivocal expression of an available credit line in favour of petitioner---Such letters reflected a tentative arrangement contingent on further processes, evaluations and approvals, that too by or at the behest of a third party---Authorities did not act unreasonably in withholding marks from the petitioner on such score---High Court declined to interfere in the matter as no substantial case on merit as to arbitrariness or a contravention of Public Procurement Rules, 2004, could be made out so as to require remedy through judicial review---Constitutional petition was dismissed, in circumstances.

PEGASUS CONSULTANCY (PRIVATE) LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence Production Rr — 2022 CLC 2036 KARACHI-HIGH-COURT-SINDH

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