Strict compliance with the specific eligibility criteria in advertisements/brochures is essential for eligibility in contractual matters.

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, petitioner is challenging communication dated 16-02- 2021, whereby petitioner has been found ineligible for the RO dealership for the reason that, "Caste Certificate prior to date of application not submitted".

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 Thetgavhan vide location No.2270 on Telgaon Dharur Road, in the Aurangabad Division, reserved for OBC category, the petitioner submitted online application on 25-12-2018 for the said location in OBC category. Pursuant to a draw held on 22-06-2019, petitioner was selected for RO dealership and by communication dated 22-06-2019, petitioner was requested to remit Rs.30,000/- 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.30,000/- and has also submitted various documents as well as copy of caste certificate dated 08-08-1994 as well as caste validity certificate dated 26-04-1995 indicating the petitioner belonging to Nomadic Tribe Vanjari category as well as declaration required as per Appendix VII-B 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 26-11-2020 the petitioner was requested to submit the following documents :

"1. Gut number mentioned in application is Gut No. 403 document offered for land Gut No.22/1/A Affidavit of given.

Caste Certificate of OBC Prior date of application to be submitted".

6. However, since caste certificate prior to date of application was not submitted, vide letter dated 16-02-2020 respondent no.2 communicated to the petitioner that the petitioner's candidature was not found to be eligible for RO dealership as "Caste Certificate prior to date of application was not submitted".

7. Thereafter, it is submitted that, petitioner approached the Grievance Redressal Committee of respondent no.2 seeking to quash the rejection communicated by respondent no.2. However, it is submitted that till date the grievance of the petitioner has not been favourably considered.

8. Mr. Jadhavar, learned counsel for the Petitioner submits that the communication dated 16-02-2020 deserves to be quashed and set aside and respondent no.2 be directed to issue letter of intent in favour of the petitioner. He would submit that the application was invited by respondent no.2 for retail outlet dealership 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 as well as 26-11-2020, petitioner had submitted necessary declarations of being OBC and the said letter had not requested for the OBC certificate. Referring to the terms of the brochure, learned counsel would submit that neither the online application nor the communication dated 22-06-2019 or 26-11-2020 requested for submission of the OBC certificate and that after the online application, the petitioner was, vide communication dated 22-06-2019 declared as selected candidate pursuant to draw of lots and the communication dated 16-02-2021 finding him ineligible on the basis of documents is nothing but frustrating a right created in favour of the petitioner.

9. It is also submitted by the petitioner that condition no.14 E (viii) clearly stipulates that scrutiny of the documents be carried out only