Pamkayu(M)Snd Bhd v. Liyanaarachchi, Secretary, Ministry of Transport and Highways and Others – sllr 2001 volume 1 page 118

In the case between Pamkayu (M) SND BHD, its associated agent, and P. Liyanarachchi, Secretary, Ministry of Transport and Highways, along with others, the central issues concerned the consequences of noncompliance with mandated tender conditions for a public procurement and the scope of fundamental rights under Article 12(1) of the Constitution. It was determined that the failure to submit requisite documentation, including the local agent’s Certificate of Registration and a valid bid security, constituted a breach of tender requirements, and the subsequent decision by the Cabinet Appointed Tender Board to award the contract to the non-compliant fifth respondent violated the established tender process. The findings established that this conduct contravened both the Guidelines on Government