IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO. 1923 OF 2009 Sarika Kumari wife of Pravin Kumar, resident of Nayatola, Ward no. 12,Purani Bazar,District- Lakhisarai. Versus 1. Indian Oil Corporation Limited through its General Manager, 5th Floor, Loknayak Jaiprakash Bhawan,Fraser Road, Patna. 2.General Manager, Indian Oil Corporation Limited, , 5th Floor, Loknayak Jaiprakash Bhawan,Fraser Road, Patna. 3. Secretary, Ministry of Petroleum,Govt. of India, Shastri Bhawan, New Delhi. 4. Director- Sales Marketing, Indian Oil Corporation Limited, Indian Oil Bhawan,G-9, Ali Yakargunj Marg, Bandra, Mumbai- 400051. 5. Senior Divisional Retail Sales Manager, Indian Oil Corporation Limited, Begusarai Divisional Office, B- 70,Barauni Refinery Township, District- Begusarai. - --- 3 25.3.2009 Writ petitioner responded a notice inviting application for setting up retail petroleum outlet of Indian Oil Corporation at Ramgarh Chowk at Lakhisarai on the National High Way. One of the requirements was that the land being offered for establishment of the said site would be not less than 40 Mtrs square. Petitioner made an application and apparently had the best site offered. Unfortunately for some unknown reasons, the land area offered was short. Petitioner had taken on lease the land admeasuring 37 Mtrs x 37.5 Mtrs. instead of 40 Mtrs. x 40 Mtrs. When preliminary field survey was done, apparently this deficiency was pointed out to the petitioner, who immediately got letter from the landlord to the Corporation stating that the landlord had over one acre land, out of which he had given the said portion. She was ready to make up the deficiency and give it if the Oil Corporation so wanted. Petitioner states that on this understanding the land was measured in the field survey and shown as 40 Mtrs x 40 Mtrs. Thereafter the petitioner was called for interview 2 and she was empanelled as No.1 in the panel. Subsequently her candidature itself has been cancelled by the Indian Oil Corporation on the ground that having given land not equally or more than 40 Mtrs x 40 Mtrs, petitioner was eligible to be considered. Petitioner had wrongly got the measurement done for a plot of 40 Mtrs x 40 Mtrs. whereas petitioner’s own land restricted to 37 Mtrs. x 37.5 Mtrs. On this ground petitioner was disqualified. On behalf of the petitioner it is submitted that once authority agreed to waive the measurement stipulation and measured petitioner’s plot at 40 Mtrs x 40 Mtrs. they could not now turn back. Having heard the parties and with their consent this writ petiion is being disposed of at this stage itself. It is well settled that once eligibility conditions are stipulated in any advertisement then they cannot be relaxed or altered in any manner. Here it was clearly stipulated that minimum land area should be 40 Mtrs x 40 Mtrs. Admittedly, the petitioner did not give land of the appropriate dimension as mentioned, this condition is not relaxable as per the advertisement. That being the position, petitioner’s application itself should not have been entertained. However, having been wrongly entertained does not create any right in the petitioner. To wrong, do not make a right. Petitioner being ineligible, his candidature was rightly cancelled, the writ petition is thus disposed of. SINGH (Navaniti Pd. Singh, J.)