CW 1762/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1762/2010 Padma Ram Meghwal Versus Bharat Petroleum & Ors. Date of Order : 09/03/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Bharat Saini, for petitioner Petitioner being a member of Scheduled Caste submitted his application for allotment of retail out-let dealership in regard to place-Bagot (Nagaur) shown at S.No.59 in pursuance of advertisement dt.05/01/2008. In terms of advertisement, other than three categories (freedom fighters, outstanding sports & defence personnel), applicants must hold minimum academic qualification of matriculation or equivalent to participate in process for allotment of retail outlet dealership of respondents- Corporation. Petitioner indisputably does not hold minimum academic qualification and does not fall within any of three categories referred to (supra) in advertisement for seeking relaxation in academic qualification. Counsel submits that once condition of academic qualification for three categories stands relaxed for their participation and the petitioner being a member of SC submitted, is CW 1762/10 //2// required to be considered irrespective of his academic qualification and is entitled for relaxation in academic qualification; denial whereof by respondents is discriminatory and in violation of Art.14 of the Constitution. Submission made by Counsel is without substance for the reason that conditions in regard to academic qualification have been relaxed only for three categories particularly freedom fighter, outstanding sports person & defence personnel. The petitioner being member of Scheduled Caste applied for open category and thereby was required to hold minimum academic qualification for his participation in terms of advertisement and that being a class apart, he cannot be said to be a person similarly situated so as to claim relaxation as provided by respondents for allotment of retail outlet in reference to advertisement. Indisputably, petitioner is not eligible; in such circumstances, there was no occasion for the respondents to consider his application for participation in pursuance of advertisement impugned. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p2/ 1762CW2010Mar9DsBHP.doc