Orissa High Court
WP(C)/18012/2026 of MAHAVIR INFRA-DEVELOPERS (P) LTD., BHUBANESWAR Vs STATE OF ODISHA on 24 June 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18012 of 2026 Mahavir Infra Developers (P) Ltd., Bhubaneswar …. Petitioner Mr.Sukanta Kumar Dalai, Advocate -versus- State of Odisha and others …. Opposite Parties Ms.Aishwarya Dash, Addl. Standing Counsel CORAM: HON’BLE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18012 of 2026
Mahavir Infra Developers (P) Ltd.,
Bhubaneswar
….
Petitioner
Mr.Sukanta Kumar Dalai, Advocate
-versus-
State of Odisha and others
….
Opposite Parties
Ms.Aishwarya Dash, Addl. Standing Counsel
CORAM:
HON’BLE THE CHIEF JUSTICE
AND
HON’BLE MR.JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
24.06.2026
01.
1. It is a cardinal principle of law that once a thing is required to be done in a particular manner, it has to be done in such manner and not otherwise. The conditions put in the tender document is intended to ensure its strict compliance by all the bidders in uniform way and in the event any of the bidders committed a default in not uploading the documents as required under the tender conditions, there is no fetter on the part of the technical evaluation committee to disqualify such bidder.
2. In the instant case, the certificate issued by an officer not below the rank of an Executive Engineer for execution of a similar nature of work worth 75% of the estimated cost is required to be submitted in a prescribed format (format-1), all the successful intending bidders have submitted such certificate in the prescribed format, but according to the petitioner, there was a mistake/omission on his part to do so.
Even before the last date of submission of bid, no attempt to rectify such mistake was made at the behest of the petitioner but after realizing that it would invite a rejection at the technical bid stage, an attempt is made by the petitioner to upload the same. Any attempt to upload the documents after the submission of bid on the last date, is not permitted as the authorities are adjudging the eligibility and capability of the intending participants as on the last date of submission of bid. In absence of any stipulation in the tender conditions that the intending participants are permitted to upload the documents even after the last date of submission, it would render the fixation of date of submission of the documents as a farcical exercise. Admittedly the petitioner could not upload the certificate in the prescribed format. We do not find any illegality and/or irregularity on the part of the technical evaluation committee in disqualifying the petitioner at the technical bid stage.
3. We, thus, do not find any ground for interference with the said decision.
4. The writ petition is accordingly dismissed. Pending interlocutory application (s), if any, shall stand dismissed. No order as to costs.
(Harish Tandon)
Chief Justice
(M.S. Raman)
Judge
Bichi
Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 25-Jun-2026 11:31:23 Signature Not Verified