Contracts to procure 258,000 dual desks were lawful, rules SHC

The Sindh High Court has decreed that five contracts of over Rs3.79 billion for the procurement of 258,000 dual desks for Hyderabad, Sukkur, Larkana, Mirpurkhas and Benazirabad regions’ government schools were lawful, and the supply and inspection of goods should be carried out as per the contracts.

The order came on Wednesday on a lawsuit of private contractors against a government notification with regard to the constitution of a high-powered committee to review the procurement process and submit its findings on the procedure, cost and quality of the furniture.

The education department’s secretary made a categorical statement that they were not cancelling the contracts.

A single bench, headed by Justice Mohammad Shafi Siddiqui, after hearing the case, observed that cause for filing the suit was only to the extent that the education department lent a deaf ear to the requests of plaintiffs as far as the supply and its acknowledgment was concerned.

The court further observed that the defendants were within their rights to accept and inspect the goods as per specifications before the goods could be acknowledged.

It said that if a committee is created or formed for the inspection of goods, the plaintiffs should not shy away and the only purpose left for the committee is to carry out the above mandate as per the terms of the contracts.

The court decreed the lawsuit to the extent that contracts, since not disputed, were/are lawful; however, the supply and inspection of goods should be carried out as per the contracts.

The plaintiffs’ counsel had earlier sought an injunction against the termination of the contracts, and submitted that a public tender was floated for the procurement of furniture for government schools of the Hyderabad, Larkana, Sukkur, Mirpurkhas and Benazirabad regions. The counsel told the court that the petitioners were awarded tenders being as the lowest bidders in their respective lots. They stated that a malicious campaign had been launched by political parties on social, print and electronic media against the subject contracts, after which the provincial education department constituted a committee to review the procurement process of furniture already done by the central procurement committee for the years 2020-21 and 2021-22.

They also referred to a reported statement of the Sindh education minister, who had said that the departmental committee had recommended the cancellation of the contractual contracts for the procurement of furniture and a notification to this effect would be issued.

The counsel said that the plaintiffs had participated in the subject contracts strictly in accordance with the Sindh Public Procurement Act and no illegality had been committed by them.

The SHC was informed that the plaintiffs had invested a huge amount in purchase of the raw material and production of more than 50 per cent desks as per the contract and the delivery of the desks would be carried out within the stipulated period under the contracts.

The provincial education & literacy department had remained unsuccessful in procuring desks for public schools during the past eight years, and, according to a survey of the department’s Reform Support Unit, 1.6 million desks were currently required.

The special secretary education had earlier informed the high court in another matter pertaining to the procurement of school desks that every year Rs6.6 billion was allocated for the purpose. The procurement committee secretary said the issue was very serious because a majority of functional schools lacked desks.

The high court had also expressed concern over the lack of school desks in government schools and observed that if it was believed that a desk was meant for two students, it meant that 1.6 million students were forced to study sitting on the ground, which hurt the children’s dignity, even though it was a matter of record that there were many stakeholders in education that provided funds, including donor agencies.

The SHC had also directed the chief secretary, the school education secretary and the finance secretary to take special measures and submit a plan assuring that the issue would be addressed. The high court had also made observations in its order that it was expected that the government would provide desks to all the schools within two years by increasing the fund allocation under the relevant head in the upcoming budget.