May 11, 2003	Sunday	Rabi-ul-Awwal 8, 1424

KARACHI, May 10: All public concerns and functionaries are required to act in a transparently fair manner while awarding contracts and discharging other functions, the Sindh High Court observed on Saturday.

Disposing of a writ petition against PIA, a division bench, comprising Justice Mushir Alam and Justice Khilji Arif Hussain, said the mere fact that high courts normally avoided enforcing contractual obligations and investigated questions of fact in exercise of their writ jurisdiction did not mean that the acts of statutory organizations were immune from scrutiny.

The petition was moved by a contractor for janitorial services claiming that he was arbitrarily excluded from the process of qualification to favour certain parties preferred by the airline’s management. The counsel for PIA took the plea that according to the terms for prequalification of contractors advertised by it, the airline reserved the right to reject any application “without assigning any reason whatsoever.”

The bench found that the petitioner contractor’s bid was dismissed for want of sufficient experience and equipment. The airline prima facie acted fairly, impartially and in accordance with the rules and regulations in awarding the contract. The petition was also not maintainable for non-joinder of necessary parties, according to the judgment of the division bench authored by Justice Arif Hussain.

Referring to a Supreme Court judgment, it emphasized that Pakistan has been founded on the basis of Islam and efforts should be made to bring about an egalitarian society based on the Islamic concept of justice and fair play. The state functionaries are expected to act fairly, justly and in a manner that should not give rise to complaints of discriminatory or arbitrary treatment. While discharging official functions, efforts should be made to ensure that no one is denied an opportunity to earn his livelihood because of an unfair or discriminatory act of a state functionary, the judgment said.