SHC restrict govt from cancelling school desks obtainment contract

Sindh High Court on Wednesday till Oct 14 restrained the provincial education and procurement authorities from withdrawing the contracts of furniture for government schools across the province.

The Sindh Public Obtaining Regulatory Authority (SPPRA) and others from terminating the five contracts of over Rs3.79 billion pertaining to procurements of 258,000 dual desks for Hyderabad, Sukkur, Larkana, Mirpurkhas and Benazirabad region government schools till further orders.

The lawyers for the plaintiffs argued that the school education and literacy department through a notification issued on Sept 17, constituted a committee to review the process of procurement.

Referring to a news item published on Sept 26 regarding the endorsement of the committee to withdraw the controversial contracts, they further argued that the education department had issued a letter of acceptance/award to the plaintiffs on June 29 for source of duel desks for schools and the value per unit including GST, withholding tax and transportation charges were stated in it.

counsel appealed that one of the plaintiffs had already bought sheesham wood while other plaintiffs had also completed 50 percent order and same was ready for transfer and remaining 50pc was under construction within the targeted schedule as the letter in question had set the time of four months from the date of signing contracts.

The provincial education ministry created a committee to review the obtaining process of furniture already done by the central procurement committee for the years 2020-21 and 2021-22.

The lawyers maintained that the plaintiff had participated in the subject contracts strictly in accordance with the Sindh Public Procurement Act, 2009 and Sindh Public Obtaining Rules.

They contended that the proposed action on the part of defendants as reported was patently backhanded and unwarranted as the plaintiffs were not given any opportunity of being heard before taking any proposed forced action in respect of the contracts, which was the violation of Article 10-A of the Constitution and against the principle of natural justice.

The court order said. “Issue notice to the defendants and Advocate General, Sindh for 14.10.2021. Till the next date of hearing, defendants are restrained from cancellation/termination of the subject contracts/agreements dated 16.08.2021, 10.08.2021 and 11.0802021 subject matter of this suit executed in between the plaintiffs and defendants. The defendants are further restrained from taking any adverse/coercive action contrary to the terms and conditions of the five (5) contracts entered in between the plaintiffs and defendants’ subject matter of this suit, which are enclosed with the memo of plaint,”