p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.313 of 2026 Shubham Service International … Petitioner Mr. Asutosh Rout, Advocate -Versus- State of Odisha and others … Opposite Parties Ms. Aishwarya Dash, Additional Standing Counsel CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 12.01.2026 01. 1. The bid submitted by the petitioner is rejected at the technical bid stage solely on the ground that the petitioner has not complied all the terms and conditions embodied therein. The rejection is primarily founded upon Serial No.3.B and 3.C of the said tender document, which postulates that the annual turnover of the bidder for the item wall painting and Office Stationary & LED Van for the last three years, namely, Financial Year 2021- 22, Financial Year 2022-23 and Financial Year 2023-24 shall be more than five lakhs per annum and ten lakhs per annum respectively. 2. Admittedly, the petitioner disclosed the document pertaining to the Financial Years 2022-23, 2023-24, 2024-25 and not the document relating to Financial Year 2021-22. It is sought to be contended by the petitioner that the requisite conditions pertaining to the annual turnovers as indicated for the last three p. 2 years would engulf within itself the Financial Years 2022-23 onwards. 3. We could not persuade ourselves to the submission so advanced before us. Had the conditions incorporated in the tender document pertain to the annual turnovers preceeding three financial years from the date of the publication and/or inviting the bid from the intending participants, the position would have been different. The moment the Authorities have indicated explicitly, clearly and precisely the financial years for the annual turnovers, it eradicates any confusion and/or ambiguity in this regard. It is no longer res integra that once the terms and conditions embodied in the tender is unambiguous and does not invite more than two interpretations, the interference by the writ Court becomes minimal. The petitioner was aware after reading the terms and conditions incorporated in the tender document that for the last three years would mean the Financial Year 2021-22 till 2023-24 and, therefore, it should have filed all the documents pertaining thereto. 4. It is no longer res integra that the incorporation of the terms and conditions in the tender document is the freedom of the Authorities floating the said tender unless such terms and conditions offend the fundamental policy of the Government or are opposed to any statutory provisions which prohibit such terms and conditions. 5. We do not find any illegality in the decision of the Authorities to reject the bid submitted by the petitioner at the technical bid stage having not complied the terms and conditions more particularly in Serial No.3.B and 3.C of the tender p. 3 document. We do not find any ground warranting interference with the decision of the Authorities. 6. The writ petition is, thus, dismissed. No order as to cost. (Harish Tandon) Chief Justice (M.S. Raman) Judge Aswini SETHY Designation: Personal Assistant (Secretary-in-charge) COURT, CUTTACK Signature Not Verified