M/s Ch. A Latif & sons (Pvt.) Limited vs National Highway Authority, through Chairman Rr

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M/s Ch. A Latif & sons (Pvt.) Limited VS National Highway Authority, through Chairman Rr. 48 & 48(7)---Constitution of Pakistan, Art. 199---Dualization and Rehabilitation project advertised by NHA---Pre-qualification for award of contract, application for---Disqualification on the ground of non-compliance with pre-qualification requirements---National Highway Authority (NHA) invoking past performance clause for disqualification---Constitutional jurisdiction of High Court---Adequate remedy, non-availing of---The petitioners were initially pre-qualified by the National Highway Authority (NHA) for participation in the "Dualization and Rehabilitation of Karachi-Quetta-Chaman Road (N-25)" project, however, they were disqualified based on alleged non-performance of a prior contract with Lahore Development Authority (LDA)---Their complaint to the Grievance Redressal Committee (GRC) was dismissed as time-barred, and they did not avail the appellate remedy under R.48(7) of the Public Procurement Rules, 2004 (PPR 2004),instead, the petitioners filed the present Constitutional petition under Article 199 of the Constitution, alleging violation of their rights to fair process and participation in public procurement---Held: NHA had published an advertisement clearly stipulating all the requirements and terms and conditions for prequalification---The PPR, 2004 envisaged that while engaging in pre-qualification, a procuring agency could tailor the 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 deemed relevant that was not inconsistent with the Rules---The issue revolved around the relevant clause that required prospective bidders/applicants to demonstrate satisfactory past performance, absence of contract non-performance within last 10 years along---In the present case the record reflected that petitioner, pre-qualified status was terminated by NHA due to non-performance of contract with LDA---There was no cogent material from which it could be gathered or ascertained that the procurement proceedings were marred by any procedural lapses on the part of NHA and no substantial case on merit as to arbitrariness or a contravention of the PPR, 2004 was made out so as to require remedy by way of judicial review---The bare allegation that petitioners were not afforded a proper right of audience in the matter by the NHA was also not a factor that could be agitated by the petitioners in writ jurisdiction---On the contrary, keeping in view the scope of the project and the time sensitive nature of the works to be procured, any undue interference would have hampered if not crippled the ongoing procurement proceedings---Since the petitioners did not avail the adequate remedy of appeal provided under R.48(7) of the Public Procurement Rules 2004, the Constitutional petition was not maintainable and same was dismissed, in circumstances.

M/s Ch. A Latif & sons (Pvt.) Limited vs National Highway Authority, through Chairman Rr — 2025 YLR 2080 ISLAMABAD

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