2004 PLP 21 (MLD)

M. Shamshir Iqbal Chughtai for Petitioner. Respondents Nos.2 and 3 in person. The petitioner's Association of Public Health Contractors through its Secretary Javed Anwar Abid has knocked the Constitutional jurisdiction of this Court for the issuance of a direction to the respondents, allowing the petitioner to participate in the tenders invited through the advertisement for different projects under the Tehsil Local Government Administration and further directing them for not pre -qualifying the contractors and issuance of tender form without imposing any condition.

2. Respondents Nos.2 and 3 were summoned in person and the Tehsil Municipal Officer had submitted that Tehsil Administration had invited from the approved contractors of Tehsil Municipal Administration Yazman who have got their names enlisted/renewed for the year 2002‑2003 on 19‑10‑2002 at 1‑00 p.m., in the office of Tehsil Officer, TMA Yazman, and further that for sound financial position of: the contractors they have been asked to submit certain documents and the contractor who are already enlisted in Public Healthy Department would be allowed to participate in the tender who got them enlisted with the Tehsil Administration or get renew their firms. He further submitted that the respondents are not going to pre‑qualifying the contractors.

3. Learned counsel for the petitioner has drawn the attention of this Court towards sub‑clause (v) of clause 4 of a letter issued by the Public Health Engineering Department dated 26‑2‑2002 which is 'reproduced as under:‑‑ "All the previously registered contractors of PHE Department be allowed to participate in tenders (pertaining to PHE works floated by District Government/TMAs and their hew registration is not required. The new contractors may get themselves registered with District Government/TMAs. The procedure for the enlistment of new contractors of various categories should be in line with C&W Department."

4. I have heard the learned counsel for the petitioner as well as respondents Nos.2 and 3, and gone through the record placed on the file of this Court. As submitted by the respondents that they are not going to pre‑qualify the contractors, it is not a pre‑condition to participate in the tender invited on 19‑10‑2002 for the completion of different projects in the Tehsil and no impediment/clog has been imposed on the contractors to participate in the tenders. However, the respondents are authorized to determine the financial position and experience of the contractors and if the contractors were asked by the respondents to submit the relevant documents like enlistment/renewal letter, Engineering Council Certificate, detail of Technical Administrative Staff and Machinery, Bank Certificate, Performance Certificate, they have not violated any provision of law. The petitioners are free to compete the tenders. However, the respondents are directed to act strictly in accordance with the letter issued by the Government of Punjab,' Public Health Engineering Department dated 26‑2‑2002, if the same has not been rescinded or modified.

5. In view of the above observations, this writ petition is disposed of. H.B.T./P‑1567/L Order accordingly.