SUPERIOR CONNECTIONS (PVT.) LIMITED vs FEDERATION OF PAKISTAN through Ministry of National Health Services, Regulations and Coordination Ss — 2022 MLD 1179 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1179 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: SUPERIOR CONNECTIONS (PVT.) LIMITED vs FEDERATION OF PAKISTAN through Ministry of National Health Services, Regulations and Coordination Ss
Subject matter: Constitutional
Provisions referred to: S. 47; Public Procurement Regulatory Authority Ordinance (XXII of 2002); Public Procurement Regulatory Authority Ordinance; Pakistan Medical Commission Act; Pakistan Commission Act

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

SUPERIOR CONNECTIONS (PVT.) LIMITED VS FEDERATION OF PAKISTAN through Ministry of National Health Services, Regulations and Coordination Ss.37 & 47---Public Procurement Regulatory Authority Ordinance (XXII of 2002), Ss.5(2) & 16(1)---Alternate and efficacious remedy---Joint venture---Procurement, question of---Petitioner company was aggrieved of award of Joint Venture Agreement executed between Pakistan Medical Commission and respondent company for holding and conducting different computer based MCQs test such as Medical and Dental Central Admission Test (MDCAT)--- Plea raised by Petitioner was that Joint Venture Agreement was violative of the provisions of Public Procurement Regulatory Authority Ordinance, 2002---Validity---Overriding effect under S.47 of Pakistan Medical Commission Act, 2020 was confined and limited to regulatory functions of the Commission---Such effect was to come into play only where some other law was to impinge upon regulatory functions of the Commission or bodies established under Pakistan Commission Act, 2020, in respect of which legislative intent was clear---Public Procurement Regulatory Authority was a specialized regulatory body with respect to procurement and was under obligation to administer the statute i.e. Public Procurement Regulatory Authority Ordinance, 2002---Interpretation of Public Procurement Regulatory Authority Ordinance, 2002, in the matter was of vital importance keeping in view the judicial deference---Public Procurement Regulatory Authority was appropriate forum to decide any question of law as to whether Joint Venture Agreement fell within the scope of procurement or not as well as whether funds forming subject matter of Joint Venture Agreement attracted definition of term 'public funds' under Public Procurement Regulatory Authority Ordinance, 2002---High Court forwarded the matter to Public Procurement Regulatory Authority for decision in the light of Public Procurement Rules, 2004--- Constitutional petition was disposed of accordingly.

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