ORDER Heard. Though the matter was listed for orders, on consent of learned counsel for both parties. the mater is taken up for disposal. 2. The petitioner has filed this writ application as its bid for handling transportation of coal stock at Berhampur as per notice under Annexure-1 to the Counter affidavit of opposite party No. 1 was not accepted and it was decided to settle the work with opposite party No. 2. In the Counter affidavit filed on behalf of the Corporation (opposite party No.1) it was indicated that the price bid of the petitioner was not considered as the petitioner did not qualify as per the minimum qualifying require¬ment indicated in the notice inviting tender. The learned counsel for the petitioner submitted that even opposite party No.2, whose bid has been accepted, also did not qualify in the sense that opposite party No. 2 did not have Ac. 2.00 of suitable land for coal depot as indicated in condition No. 5 of ‘Minimum Qualifying Requirement’. For convenience, the aforesaid condition in the Tender papers is extracted hereunder : “5. Tenderers shall have to arrange minimum 2 acres of suit¬able land for Coal Depot. Th land document to be enclosed in respect of owning of proposed site along with Encumbrance Certif¬icate, Land Map. In case of lease holder, land map, Encumbrance Certificate, copy of agreement with land owner duly notarised related to proposed site to be enclosed. Mr. Mohapatra appearing for the Corporation submitted that since opposite party No. 2 has qualified in respect of other condi¬tions, the condition No. 5 was relaxed and its bid was accepted. 3. Condition No. 12 of the tender document is relevant to consider the submission of Mr. Mohapatra for the Corporation and as such is extracted hereunder : “12. Tenderers who do not fulfill all or any other condi¬tions as stipulated in the minimum qualifying requirements and general terms and conditions or the tender documents are incom¬plete in any respect shall be rejected. On evaluation of the commercial bid the price bid of the qualifying tenderers shall be opened. The price bid and the EMD of the tenderers so disquali¬fied shall be returned separately.” The aforesaid condition makes it clear that the tenderers who do not fulfill all or any other conditions as stipulated in the Minimum Qualifying Requirement and General Terms and Conditions shall be rejected. The price bid and the EMD of the tenderers so disquali¬fied shall be returned separately.” The aforesaid condition makes it clear that the tenderers who do not fulfill all or any other conditions as stipulated in the Minimum Qualifying Requirement and General Terms and Conditions shall be rejected. Since no power of relaxation has been given, it would not be open to the Tender Committee to relax any or some of the conditions after the bids had been offered by various bidders. Tender notice is an invitation to prospective bidders to give their offers if they satisfy the requirements. If it would have been indicated that some of the conditions would be relaxed, it is quite possible that many others would have given their offers. To change any of the conditions of the Minimum Qualifying Requirement after bids had been given amounts to arbitrary action on behalf of opposite party No.1. In such view of the matter, the order of opposite party No. 1 setting the work with opposite party No. 2 cannot be accepted and is accordingly quashed. It would be open to opposite party No. 1. to invite fresh tender in accordance with law. The bank guarantee furnished by opposite party No. 2 shall be returned without any further delay as re¬quested by the counsel for opposite party No. 2. 4. The writ application is disposed of No costs. Petition disposed of with direction.