1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 2676/2007 (Nitin Krushnarao Jadhav Versus The Indian Oil Corporation Limited, thro. its Divisional Retail Sales Manager, Nagpur) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. Chandurkar, counsel for the petitioner. Mr. Sambre, counsel for the respondent. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : JANUARY 24, 2008. Heard Mr. Chandurkar, the learned counsel for the petitioner and Mr. Sambre, the learned counsel for the respondent. The writ petition is directed against the communication dated 09.06.2007, whereby the application submitted by the petitioner for Retail Outlet Dealership was rejected on the ground of non submission of valid proof of age as stipulated in the advertisement. The learned counsel for the petitioner has submitted that though, it is no doubt true that as per the Clause (C) of the advertisement, the candidates were required to submit the proof of age either in the form of affidavit, 2 Identification Card issued by the Election Commission or Matriculation or Secondary School Leaving Certificate showing the Date of Birth. The counsel for the petitioner has contended that the petitioner has submitted the Leaving Certificate issued by Principal, Municipal Junior College, Malkapur, District Buldana, and therefore, the same ought to have been accepted by the respondent as proof of age and this certificate should have been treated to be valid for the purpose of considering the claim of the petitioner for grant of dealership. Mr. Sambre, the learned counsel for the respondent, has submitted that the petitioner failed to submit the proof of age as stipulated in the advertisement. We have considered the contentions canvassed by the respective counsel. In the backdrop of the above referred facts, it is evident that the certificate submitted by the petitioner for proof of age is other than the one stipulated in the advertisement. If we relax the said condition in favour of the petitioner and direct the respondent to accept the Leaving Certificate issued by the Principal Municipal Junior College, Malkapur, District Buldana submitted by the petitioner as proof of age, in 3 that case, it will be difficult not to extend this benefit to other candidate, which according to us is impermissible. Similarly, if we permit the document submitted by the petitioner which is other than the one mentioned in the Clause (C) of the advertisement, to be treated as proof of age of the petitioner, in that event, it will not be possible for respondent to reject the applications of other candidates also who have not submitted the certificate in respect of their proof of age as per clause (C) of the advertisement and whatever documents/certificates they have submitted along with their application will also have to be treated as certificate of proof of age contemplated under Clause (C) of the advertisement. It is well settled that the candidate who applies pursuant to any advertisement has to follow the procedure stipulated in the advertisement and is required to fulfill all the terms and conditions of the advertisement which alone make him eligible for consideration. In the backdrop of the above referred fact, we do not see any illegality committed by the respondent in rejecting the application of the petitioner for want of submission of document of proof of age as per clause (C) of the 4 advertisement. Therefore, no case made out for showing indulgence. Petition suffers from merit and is dismissed. At this stage, Mr. Chandurkar, the learned counsel for the petitioner, has requested this Court that the interim order dated 26.06.2007 passed by this Court may be continued for a period of two weeks from today. Since the order is already in operation, we continue the same for a period of two weeks and the said order would automatically cease to operate after two weeks. JUDGE JUDGE APTE