Sunway International (Pvt) Ltd and Another vs. Airport and Aviation Services (Sri Lanka) Ltd and Others – sllr 2019 volume 2 page 001

In Sunway International (Pvt) Ltd and its managing director v. Airport and Aviation Services (Sri Lanka) Ltd and others, the Supreme Court addressed the propriety of a tender award for Travel Service Counter No. 1 at Bandaranaike International Airport. The main legal issues concerned compliance with published eligibility requirements, alleged violations of the Petitioners’ fundamental rights under Article 12(1) (right to equality) and Article 14(1)(g) (freedom to engage in lawful occupation) of the Constitution, and the consequences of waiving a mandatory financial capability requirement during the evaluation process. The sequence of events involved Sunway International submitting a compliant and highest “responsive” bid, yet being overlooked in favor of a competing bidder (the 11th Respon