Sunway International (Pvt) Ltd and others Vs. Airport & Aviation Services (Sri Lanka) Limited and others – SC F/R NO. 147/2017-2017

In the case between Sunway International (Pvt) Ltd and others (Petitioners) and Airport & Aviation Services (Sri Lanka) Ltd, Ministry of Transport and Civil Aviation, and associated procurement committee members (Respondents), the court addressed the issue of whether the tender for operating Counter No.1 at Bandaranaike International Airport was awarded in accordance with the published bidding documents, eligibility requirements, and principles of fairness and transparency. It was held that the waiver of mandatory financial capacity requirements, as well as post-bid modifications to eligibility criteria, amounted to violations of the Petitioners’ fundamental rights under Articles 12(1) and 14(1)(g) of the Constitution. The principle reaffirmed was that procurement decisions by public autho