The specific eligibility criteria in a tender or advertisement must be strictly complied with, and the terms of the advertisement or brochure must be given meaning and necessary significance.

JUDGMENT

Abhay Ahuja, J. - Rule. Rule made returnable forthwith. By consent of learned counsel for the parties, heard finally.

2. By this petition fled under Article 226 of Constitution of India, the petitioner is challenging communication dated 21- 01-2020, whereby the petitioner has been found ineligible for the RO dealership for the reason that, "Stamp paper of Appendix III A not purchased in the name of the deponent and caste certificate is NT".

3. It is the case of the petitioner that pursuant to the advertisement dated 25-11-2018 published by respondent no.2 Corporation inviting applications for retail outlet (petrol pump) dealership at various places in the State of Maharashtra including one such location being Sonimoha on Telgaon Dharur Road, in the Aurangabad Division, reserved for OBC category, the petitioner submitted online application on 22-12-2018 for the said location in OBC category. Pursuant to a draw held on 25-06-2019, petitioner was selected for RO dealership and by communication dated 26- 06-2019 the petitioner was requested to remit Rs.40,000/- online towards initial security deposit and was also requested to submit various documents including those in respect of the petitioner's specific eligibility criteria of belonging to OBC category.

4. Petitioner deposited an amount of Rs.40,000/- on 2nd July, 2019. He has submitted declaration dated 22-12-2018 in Appendix III-B of his brother Shri Bharat Shivaji Tonde with respect to land offered for the proposed petrol pump. He also submitted copy of caste certificate dated 09-06-2003 indicating the petitioner belonging to Nomadic Tribe (D) Vanjari category as well as declaration required as per Appendix VII-B also dated 22-12-2018 stating that he belongs to OBC community which is recognized as a backward class by the Government of India for the purpose of reservation in services as per the orders of the DoPT Memorandum dated 08-09-1993 modified on 14-10-2008 and also that he does not belong to the Creamy Layer.

5. On 21-01-2020, respondent no.2 communicated to the petitioner that the petitioner's candidature was not found to be eligible for RO dealership as the stamp paper of Appendix-III A was not purchased in the name of the deponent and caste certificate was of NT.

6. Thereafter, the petitioner approached the Grievance Redressal Committee of respondent no.2 seeking to quash the rejection communicated by respondent no.2. After which he has obtained OBC caste certificate dated 02-02- 2020, pursuant to an application made on 31-01-2020.

7. Mr. Jadhavar, learned counsel for the Petitioner submits that the communication dated 21-01-2020 deserves to be quashed and set aside and respondent no.2 be directed to issue letter of intent in favour of the petitioner. As far as the ground of rejection with respect to Appendix III A is concerned, he submits that the stamp paper is in the name of the applicant petitioner and the declaration is by his brother who has been certified as being member of Family as per Appendix III -B dated 22-12-2018 given by Advocate. He would submit that the said land has been legitimately offered for the location of the retail outlet by applicant's brother and who has no objection if the said land is leased to the petitioner for the purpose of retail outlet, which is as per the category for which the petitioner has submitted the application under the advertisement.

8. With respect to the other reason for ineligibility that the Caste Certificate being NT, he would submit that the application was invited by respondent no.2 for retail outlet dealership at Sonimoha under the OBC category and as such the petitioner had applied for the same. He would submit that as was required by respondent no.2 by letter dated 26- 06-2019, petitioner had submitted declaration of being OBC in Appendix VII B and the said letter had not requested for the OBC Certificate. Referrin