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Hina Vs. Union of India [23/02/16]

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[Civil Appeal No. 1676 of 2016 @ Special Leave Petition (C) No. 37555 of 2012]. The short question which arises in this appeal is whether the second respondent-Corporation was justified in rejecting the application of the appellant for allotment of retail outlet of petroleum/diesel dealership at location Kalamnuri in District Hingoli in the State of Maharashtra, on the ground that the age proof submitted by her was not of the Secondary School as per the norms, but of a Higher Secondary School. It is not in dispute that the appellant had submitted an attested copy of the School Leaving Certificate issued by Shri Shanti Vidya Mandir Higher Secondary School, Shiradshahpur, Hingoli, which is of a Higher Secondary School. That certificate was issued by the Principal of the school and the appellant had produced an attested copy of the same. The High Court, in the impugned Judgment, held as under :- "We find that though the approach of the Corporation seems to be technical, however, the petitioner could have submitted proof of age as required by the Corporation and in accordance with the clauses set out in the advertisement. It would not be proper to direct the Corporation to add/amend or alter the conditions of advertisement."

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