Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Messrs QAZI INDUSTRIES AND SCIENTIFIC SUPPLY CORPORATION through Sole Proprietor VS Respondent: GOVERNMENT OF PUNJAB through Secretary Higher Education Department, Civil Secretariat, Lahore and 2 others
Court Name: Lahore High Court Judge(s): Ali Akbar Qureshi, Maulvi Anwar-ul-Haq Title:Messrs QAZI INDUSTRIES AND SCIENTIFIC SUPPLY CORPORATION through Sole
Proprietor vs GOVERNMENT OF PUNJAB through Secretary Higher Education Department, Civil Secretariat, Lahore and 2 others Case No.: I.C.A. No, 307 of 2008 in Writ Petition No, 7473 of 2008 Date of Judgment:2008-10-30 Reported As: 2009 YLR 1706 Result: Order accordingly Judgment ORDER ' The reasons for issuing notice in this ICA have been stated in our order stated 13-10-2008. The learned Assistant Advocate General has addressed us accordingly. 2. The grievance of the appellant is that whereas there is no provision for submission of the tender forms on the letterhead of the tenderer/company, his tender has been rejected on the ground that it is not on the letterhead. Learned Assistant Advocate General states that it is a term of the tender inquiry that the tenders have to be submitted on the letterhead and seeks support from para-19 (ix) of the Purchase Manual. 3. We have examined the said manual with the assistance of the learned counsel and the learned Law Officer. We find that para-17 of the Purchase Manual makes it mandatory that the quotations have to be submitted on the prescribed tender form. However, some exception has been made where the quotations are made on the letterhead. We have also examined the proforma tenders (PR8-A and PR8-B) Clause 2 of the special instructions in all these forms insists that the tenderers must quote on the prescribed invitation to the tender form. Similarly, the general conditions for various contacts (PR-20, PR-21 and PR-23) also do not make any provision at all for submission of quotations etc., on a letterhead. Having thus examined the said Manual, we do find that the insistance of the respondents that the forms should be on the letterhead and rejection of a tender/quotation on the sole ground that it is not on the letterhead of the tenderer, is violative of the Purchase Manual as also the general/special instructions contained in the said pro formas.
---
## Page 2
4. We, therefore, dispose of this ICA with a direction to the respondents that they should act in accordance with the provisions of the said Purchase Manual and the said pro formas noted above and in case, a tender/quotation is submitted on the prescribed form, then it should be considered in accordance with law and the instructions contained in the Purchase Manual, and not to be rejected on the sole ground that the quotation/tender has not been submitted on the letterhead of the tenderer. No order as to costs.