ZBA GROUP vs GOVERNMENT OF BALOCHISTAN, through Chief Secretary Balochistan, Quetta Rr

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ZBA GROUP VS GOVERNMENT OF BALOCHISTAN, through Chief Secretary Balochistan, Quetta Rr. 37, 38 & 54---Constitution of Pakistan, Arts. 25 & 199---Bidding process for a construction project---Formulation of criteria without any rationale---Discretion of procuring agency---Interference by High Court in its Constitutional jurisdiction---Scope---Petitioner along with other contractors participated in the bidding process for a construction project and was declared to be the only qualified bidder---Disqualified contractors approached Grievance Redressal Committee (GRC) against the discriminatory enhanced criteria for submission of estimated costs of specific completed works, whereupon, process was cancelled and direction was issued for re-tendering---Plea of respondents was that it was the discretion of the Procuring Agency to formulate criteria---Validity---Under the Balochistan Public Procurement Rules, 2014, no Procuring Agency should introduce any condition which was discriminatory and which provided undue advantage to any bidder through introduction of any condition contrary to the normal practice of that business and nature of contract---Demand of Procurement Committee to submit three assignments of specific completed works having 75% of the estimated cost was too high considering the requirement and criteria set out by the Pakistan Engineering Council (PEC), which was 70%---Procuring Agency had not provided justification for the increased 5%---Discretion of Procuring Agency to formulate criteria was not unfettered rather a structured formula for exercising such discretion had to be adopted, otherwise there would be questions regarding transparency, fairness and equity upon the process---To be treated equally in accordance with law is the fundamental right guaranteed under Art. 25 of the Constitution---Plea of the respondent that the increase of 5% of the estimated costs was the discretion of the procuring agency was not tenable in the eye of law particularly when PEC had provided guidelines---No illegality or irregularity was found in the decision of GRC, which could warrant interference by High Court in its jurisdiction---Constitutional petition dismissed, in circumstances.

ZBA GROUP vs GOVERNMENT OF BALOCHISTAN, through Chief Secretary Balochistan, Quetta Rr — 2025 CLC 1142 QUETTA-HIGH-COURT-BALOCHISTAN

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