Candidates must possess all required documents, including the OBC certificate, on the date of application to be considered eligible for the dealership, as per the Brochure Clause 4(vi)(b).

JUDGMENT

Ravindra V. Ghuge, J. - Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioner has put forth prayer clause (B) and (C) as under :

"B) To quash and set aside letter dated 10.01.2020 and direct the respondents to grant retail outlet dealership at location No.2006 in Dhule District pursuance to advertisement dated 25.11.2018 and selection dated 27.06.2019 by issuing appropriate writ, orders or direction as the case may be.

C) To grant stay to letter dated 10.01.2020 and direct the respondents to grant retail outlet dealership at location No.2006 in Dhule District pursuance to advertisement dated 25.11.2018 and selection dated 27.06.2019 pending hearing and final disposal of the present writ petition."

3. The petitioner is aggrieved by the communication dated 10-01-2020 addressed to him by the Head of the Divisional Office, Indian Oil Corporation, Ltd., which is respondent No.2 herein. By the impugned communication dated 10-01-2020, the petitioner was informed that his candidature has not been found to be eligible for Retail Outlet (R.O.) dealership on the basis of the documents submitted by him for the reasons as were detailed as under :

"a) Appendix III A and Appendix III B is of offer date of fling application Eligible Certificate for the category Appendix VII A not submitted."

4. By the order dated 04-02-2020, passed by this Court, ad-interim protection was granted to the petitioner by directing that "respondents may proceed further with the process, however, shall not issue final allotment order." Respondent No.4 herein was the selected candidate. Owing to the interim order of this Court, though respondent No.4 was held to be eligible and was selected for grant of R.O. dealership, respondent Nos. 2 and 3, the company, have not yet issued the final order of allotment.

5. It is undisputed that, clause (4)(vi)(b) of the Brochure for the selection of the candidates for the R.O. dealership specifically provides that "the candidates will be required to submit as and when advised by the Oil Company, a certificate issued by the competent authority notified by the Government of India and/or by the concerned State in which the location has been advertised certifying that the candidate belongs to Other Backward Classes recognized as OBC by a Resolution/Gazette Notification issued by the Government of India (Central Government/ State Government)"

6. It is equally undisputed that the note below clause 4 of the Brochure specifically states that "1. All certificates/ documents required for meeting Eligibility/Specific Eligibility Criteria should be in possession of the applicant and valid as on the date of application."

7. It is, therefore, beyond debate that the documents which are to be supplied with the application form and which can be tendered (hard copies) within such period as may be permitted by the company, should be in possession of the applicant on the date of his application, to indicate that when he applied for the R.O. dealership, he was fulflling the eligibility criteria as prescribed by the company.

8. It is, therefore, clear from the rules made applicable by the company that on the date of the application by an interested candidate seeking R.O. dealership, he should be in possession of all the documents required, including the caste certificate, as the cut-of date for considering eligible candidates was 22-12-2018. We have no hesitation in concluding that on 22-12-2018, candidates who possessed these documents and the caste certificate were eligible and those candidates who did not possess any of the required documents and importantly, the caste certificate, on the date of application, were obviously ineligible candidates.

9. The learned advocate for the petitioner submits, on the basis of the record, that he had received a communication dated 27-06-2019, by which he was given ten days' time for submitting the said documents and for remitting Rs.40,000/- as a security deposit,