PESHAWAR: Peshawar High Court has ordered re-advertisement of tender for supply of medicines and medical equipment to district headquarters hospital of Nowshera.

A bench consisting of Justice Syed Arshad Ali and Justice Shahid Khan observed that the earlier tender advertised by the medical superintendent of the hospital was not published in well-circulated newspapers.

The bench issued the order over a petition filed by M/S Mushtaq Medicos, stating that the tender advertised by the medical superintendent of the hospital was against the provisions of Khyber Pakhtunkhwa Public Procurement Regulatory Authority Act, 2012.

The respondents in the petition were the Khyber Pakhtunkhwa government through its chief secretary, health secretary, director general health services and medical superintendent of the said hospital.

Advocates Saifullah Muhib Kakakhel and Nouman Muhib Kakakhel represented the petitioner.

Petitioner accuses MS of flouting advertisement in less known newspapers

They argued that the petitioner was present contract holder of the hospital for supply of medicines and medical equipment and had been supplying the said items to the hospital since 2021.

They stated that a tender was announced in 2023 by the medical superintendent of the hospital regarding supply of medicines but it was relinquished due to some irregularities.

They said that the same decision was challenged before the KP ombudsman by the concerned bidder.

They said that the ombudsman disposed of the petition on Dec 19, 2023, with the decision that if the then bidder was eligible as per law and rules he should be given an opportunity to supply the items to the hospital.

The lawyers stated that the judgement of the ombudsman was challenged by the present petitioner before the high court, which set aside the same.

They said that after the decision of the high court, the earlier contract of the present petitioner was extended from 2024 to 2027 through a letter on May 15, 2024.

They argued that despite the clear-cut extension order, out of the blue the respondent (MS) flouted a fresh tender in five small-time newspapers.

They stated that it was requirement of public procurement that the advertisement needed to be published in well-circulated newspapers for information of those concerned, to ensure competition, transparency and fair play.

The counsels argued that the advertisement of tender in the little known newspapers having almost no circulation was due to mala fide intentions as the hospital authorities wished to accommodate their favourites.

The lawyers contended that the advertisement was unlawful, and violative of the principle of competition hence liable to be set aside.

They stated that the petitioner was registered with KPPPRA and FBR and was supplying medicines and medical equipment to different hospitals and Rescue 1122 department.

They pointed out that the petitioner had supplied medicines and equipment through Sehat Sahulat Card programme on the demands of the respondents and huge amount of his bills had still been outstanding against them.

They said that the petitioner had invested huge amount for running the said business but the respondent (MS) with mala fide intention was depriving him of smoothly running the same, which would result in severe losses to him.

Published in Dawn, September 9th, 2024