MIHIR KUMAR JHA, J.:–Heard learned counsel parties as with regard to the following prayer made in this writ application:– "1(I) For setting aside the Letter Ref No. PLRO/GM/LPG, Dated 07.07.2014 issued by the Sr. Regional Manager, Patna, L.P.G. Regional Office, Patna (Respondent No.4), whereby it has been communicated to the petitioner that has not been found to be eligible for LPG Distributorship due to following region a. Showroom Registered Lease dated 21.09.2013 is for less than 15 years as on the last date of submission of application b. Godown Registered Lease dated 21.09.2013 is for less than 15 years as on the last date of submission of application, And for a further direction to the respondent HPCL to consider the name of this petitioner for the purpose of LPG dealership, as the rejection of his candidature is against the provisions of Brochure 2013." 2. Learned counsel for the petitioner while assailing the impugned order dated 7.7.2014 has submitted that both the reasons stated in the impugned order for holding the petitioner ineligible for grant of LPG Distribution-ship are factually incorrect and legally unsustainable. In this regard, he has explained that when both the registered lease deed, in question, were executed in favour of the petitioner on 21.9.2013 for a period of fifteen years only for the purpose of fulfilling the requirement of show-room and go-down, it cannot be said that the petitioner had not fulfilled the prescribed terms and conditions for being allotted L.P.G. dealership by Hindustan Petroleum Corporation hereinafter referred to as the Corporation. 3. Learned counsel for the petitioner in this regard had also relied on the eligibility criteria as set out in the "Brochure on Guidelines For Selection of Regular L.P.G. Distributorship" (hereinafter to as Brochure) as contained in Annexure-1 to the writ application, which reads as follows:– "6. ELIGIBILITY CRITERIA FOR INDIVIDUAL APPLICANTS.–All applicants fulfilling the eligibility criteria will become eligible for the draw for selection of the LPG distributorship. The eligibility Criteria is as under:– 6.1. Common Eligibility Criteria for all Categories applying as Individual The applicant should i. Be an Indian citizen and be a resident of India. ii. ELIGIBILITY CRITERIA FOR INDIVIDUAL APPLICANTS.–All applicants fulfilling the eligibility criteria will become eligible for the draw for selection of the LPG distributorship. The eligibility Criteria is as under:– 6.1. Common Eligibility Criteria for all Categories applying as Individual The applicant should i. Be an Indian citizen and be a resident of India. ii. Have minimum any one of the following educational qualification awarded by any of the Universities incorporated by an Act of the Central or State Legislature in India or any other educational institutions established by an Act of Parliament or declared to be deemed as a University under the UGC Act, 1956, or possess an equivalent qualification recognized by the Ministry of HRD, Government of India as on the date of application: (a) Graduation in any field (b) Chartered Accountant (c) Company Secretary (d) Cost Accountant (e) Diploma in Engineering For applicants applying under the category of ‘SKO dealers of OMCs’, educational qualification shall be as under : Should have passed minimum Xth standard examination or equivalent from a recognized Board. The criteria of Educational Qualification will not be applicable for applicants belonging to Freedom Fighter (FF) category. iii. Be not less than 21 years and not more than 45 years in age as on the date of application for all categories except GP & FF category & applicants belonging to the category of ‘SKO dealers of OMCs’. For applicants applying for location reserved under GP category, age should not be less than 21 years and not more than 60 years as on date of application. For applicants belonging to the category of “SKO dealers of OMCs”, maximum upper age limit shall be 60 years as on date of application. There is no age restriction for applicants applying for locations reserved under FF category. iv. Not be a family member of an employee of Oil Marketing Companies as on date of application. In relation to an OMC employee, definition of family is :- a. The wife or husband as the case may be of the employee, whether residing with him or not, but does not include a wife or husband as the case may be separated from the employee by a decree or order of a competent Court. In relation to an OMC employee, definition of family is :- a. The wife or husband as the case may be of the employee, whether residing with him or not, but does not include a wife or husband as the case may be separated from the employee by a decree or order of a competent Court. b. Sons or daughters or step-sons or step-daughters of the employee and wholly dependent on him, but does not include a child or step-child who is no longer in any way dependent on the employee or of whose custody the employee has been deprived by or under any law. c. Any other person related whether by blood or marriage to the employee or to such employee’s wife or husband and wholly dependent on such employee. v. Fulfil Multiple dealership/distributorship norm as under:– Multiple Dealership/Distributorship norms means that the applicant or any other member of ‘family unit’ should not hold a dealership/distributorship/RGGLV or Letter of Intent (LOI) for a dealership/distributorship/RGGLV of a PSU Oil Company i.e. only one Retail Outlet / SKO-LDO dealership / LPG distributorship/RGGLV of PSU Oil Company will be allowed to a ‘Family Unit’. However, existing SKO dealers of OMCs operating below an average allocation of 75 KL of SKO per month during the immediate preceding 12 months prior to the month of advertisement will be eligible to apply under the category of individual applicant only and if selected will have to surrender their Kerosene dealership prior to issuance of letter of appointment for LPG Distributorship. The SKO dealer applying for Regular LPG Distributorship will have to submit documentary proof of Kerosene allocation issued by the allocating authority of the State Govt./Divisional/Territory/Regional Office of the Oil Marketing Company, as the case may be. The aforementioned Multiple Dealership/Distributorship norms shall also be applicable to retailers/distributors appointed by PSU Oil Marketing Companies for exclusive marketing of NDNE (Non Domestic Non Essential) LPG cylinders. ‘Family Unit’ in case of married person/ applicant, shall consist of individual concerned, his/her Spouse and their unmarried son(s)/daughter(s). In case of unmarried person/ applicant, ‘Family Unit’ shall consist of individual concerned, his/her parents and his/her unmarried brother(s) and unmarried sister(s). In case of divorcee, ‘Family Unit’ shall consist of individual concerned, unmarried son(s)/unmarried daughter(s) whose custody is given to him/her. In case of widow/widower, ‘Family Unit’ shall consist of individual concerned, unmarried son(s)/unmarried daughter(s). vi. In case of unmarried person/ applicant, ‘Family Unit’ shall consist of individual concerned, his/her parents and his/her unmarried brother(s) and unmarried sister(s). In case of divorcee, ‘Family Unit’ shall consist of individual concerned, unmarried son(s)/unmarried daughter(s) whose custody is given to him/her. In case of widow/widower, ‘Family Unit’ shall consist of individual concerned, unmarried son(s)/unmarried daughter(s). vi. Have minimum total amount of j 15 lakhs for Urban Markets and j 10 lakhs for Urban-Rural & Rural Markets respectively as the closing balance on the last date for submission of application as specified in the advertisement or corrigendum (if any). This amount is to be arrived at by adding amount in Savings Bank accounts in Scheduled Bank/ Post Office, free and un-encumbered Fixed Deposits in Scheduled Banks, Post Office, Listed Companies / Government Organisation / Public Sector Undertaking of State and Central Government, Kisan Vikas Patra, NSC, Bonds, Shares of Listed Companies, Listed Mutual Funds, ULIP, PPF, Surrender Value of Life Insurance policies in the name of Applicant or family members of the ‘Family Unit’ of the Applicant as defined above. In case of locations reserved under ‘SC/ST’ category, minimum total amount of j 5 lakhs for Urban Markets and j 2.5 lakhs for Urban-Rural & Rural Markets respectively should be available as the closing balance on the last date for submission of application as specified in the advertisement or corrigendum (if any). Vii Should own as on the last date for submission of application as specified in the advertisement or corrigendum (if any) : a plot of land of minimum dimensions 25 M x 30 M (within 15 km from municipal/town/village limits of the location offered in the same State) for construction of LPG Godown for storage of 8000 Kg of LPG in cylinders. The plot of land for construction of godown not meeting the minimum dimensions of 25 M x 30 M will not be considered. Or a ready LPG cylinder storage godown (within 15 km from municipal/town/village limits of the location offered in the same State) of 8000 Kg capacity. In case there are any state specific requirements/norms applicable for construction of the LPG Godown, then the same will be applicable for the respective Regular Distributorship locations and revised minimum dimensions of plot of land will be required as specified in the Advertisement of that respective State. In case there are any state specific requirements/norms applicable for construction of the LPG Godown, then the same will be applicable for the respective Regular Distributorship locations and revised minimum dimensions of plot of land will be required as specified in the Advertisement of that respective State. The plot of land or ready LPG cylinder storage godown should be freely accessible through all weather motorable approach road (public road or private road connectingroad connecting to the public road). In case of private road connecting to the public road, the same should belong to the applicant/member of Family Unit (as per the multiple dealership/distributorship norm of eligibility criteria) as per the ownership criteria defined below. In case of ownership/co-ownership by family member(s) in respect of such private road, consent letter from respective family member(s) will be required. The land should also be plain, in one contiguous plot, free from live overhead power transmission or telephone lines. Canals/Drainage/Nallahs should not be passing through the plot. The land for construction of LPG godown should also meet the norms of various statutory bodies such as PWD/Highway authorities/ Town and Country Planning Department etc. In case an applicant has more than one suitable plot for construction of godown for storage of minimum 8000 Kg of LPG in cylinders or ready LPG cylinder storage godown as on the last date for submission of application as specified in the advertisement or corrigendum (if any), the details of the same can also be provided in the application. (viii) Own a suitable shop of minimum size 3 metres by 4.5 metre in dimension or a plot of land for construction of showroom of minimum size 3 metres by 4.5 metre as on the last date for submission of application as specified in the advertisement or corrigendum (if any) at the advertised location or locality mentioned in the advertisement. It should be easily accessible to general public through a suitable approach road. In case an applicant has more than one shop of minimum size 3 metre by 4.5 metre in dimension or a plot of land for construction of showroom of minimum size 3 metre by 4.5 metre as on the last date for submission of application as specified in the advertisement or corrigendum (if any) at the advertised location or locality as specified in the advertisement, the details of the same can also be provided in the application. Reference vii & viii above: ‘Own’ means having ownership title of the property or registered lease agreement for minimum 15 yrs in the name of applicant / family member (as defined in multiple distributorship norm of eligibility criteria) as on the last date for submission of application as specified in the advertisement or corrigendum (if any). In case of ownership/co-ownership by family member(s) as given above, consent in the form of a Notarized Affidavit from the family member(s) will be required. In case the land is jointly owned by the applicant / member of ‘Family Unit’ (as defined in multiple dealership / distributorship norm) with any other person(s) and the share of the land in the name of applicant / member of the ‘Family Unit’ meets the requirement of land including the dimensions required, then that land for godown/showroom will also qualify for eligibility as own land subject to submission of ‘No Objection Certificate’ in the form of an Notarized Affidavit from other owner(s). ix. Be physically and mentally sound to be able to run the business. x. Neither have been convicted nor charges been framed by any Court of Law for any criminal offence involving moral turpitude/ economic offences. xi. Not be a signatory to distributorship/dealerships agreement, terminated on account of proven cases of malpractice of any Oil Company or not having resigned from Sole proprietorship of any dealership/distributorship of any oil company in order to transfer the dealership/distributorship in favour of any of his/her family member(s) as defined in the Dealer/Distributor Selection Guidelines." (underlining for emphasis) 4. Learned counsel in this regard has explained that when there is actually no specific mention either in Clause-vii and viii with regard to the period of fifteen years or lease from the last date of filing of the application, the respondents could not have supplied a reason which is not borne out from the eligibility condition. 5. Learned counsel for the respondents on the other hand has submitted that the explanation which has been given below Clause-viii in respect of owning land/shop, itself explains the word "own" to mean either ownership title of the property or a registered lease agreement for fifteen years in the name of the applicant as on the last date of submission of the application as specified in the advertisement. He has in this regard further explained that the advertisement as contained in Annexure-2 would itself bear it out that the last date of submission of application for the dealership was 7.10.2013 and thus, a person like the petitioner who was not owning the land or the shop by way of individual title and was deemed to be owner in view of the explanation given below Clause-viii of the Brochure had to necessarily fulfill the condition of having a lease for a period of fifteen years from 7.10.2013 whereas the lease of the petitioner was though for fifteen years but only from 21.9.2013 to expire on 20.9.2028 as against the requirement of its being for a period up to 6.10.2028. 6. In the considered opinion of this Court, the submission of the learned counsel for the respondents has to be accepted. From the underlined portion of Clause-vii and viii read with its explanation given below the Clause-viii of the Brochure nothing is left for speculation that the petitioner when he was claiming to be owner of the land, he was actually claiming such right by virtue of being a lease holder. Thus, the petitioner had to fulfill the requirement of being a lease holder for the land and shop in question for a period of fifteen years, to be reckoned only from the last date of filing of his application in terms of the advertisement. 7. This Court in fact would find it difficult to accept the submission of the learned counsel for the petitioner that since nothing was mentioned with regard to period of lease either in Clause-vii and/or Clause-viii, the requirement of fifteen years of lease for the period from last date of application the same could not have made a condition of eligibility. As a matter of fact, either in Clause-vi or viii of the Brochure there is no mention of a person being owner of the land/shop by way of lease holder and it is only the explanation of the word "own" given below Clause-viii of the Brochure with reference to Clause-vii and viii which makes even a lease holder a deemed owner. Therefore, the moment the petitioner claims his right for consideration on the basis of being a lease holder, he will have to necessarily fulfill the requirement of having a registered lease agreement for a minimum fifteen years in his name as on the last date for submission of application as specified in the advertisement. 8. It has to be kept in mind that the eligibility condition being not relaxable under any clause of the advertisement, no exception can be made only in the case of the petitioner, inasmuch as, by the same advertisement, as many as 51 locations were advertised and the petitioner was an applicant only for one of them. If the respondents could have granted relaxation to the petitioner, the same by itself could have vitiated the norms of selection on account of mandatory requirement of registered lease agreement being valid for a period of fifteen years as on the date of filing of the application. The terms and conditions of the advertisement and the Brochure being made public, this Court would find it difficult to find any flaw in the impugned order wherein the respondents have held the petitioner eligible by recording as follows:– "Ref: PLRO/GM/LPG July 7, 2014 To, Shri Rajkumar Ram, S/o Shri Rampukar Ram, At: Tarwara, P.O.: Tarwara Dist.: Siwan, State: Bihar- 841506, Mob No. 9162369970 Sub.: Application for Award of LPG Distributorship at Location- Kadriganj, Dist. Nawada under "SC" Cat, Mktg Plan - 2013-14 advertised on 04/09/2013. Dear Sir/Madam Please refer to your application (Serial Number- PAT/KDR/015) and your subsequent representation dt. 30/12/2013 on the subject. We regret to inform you that your candidature has not been found to be eligible for LPG Distributorship due to the following reason(s): 1. Showroom Registered Lease is for less than <15 yrs as on the last date of submission of application. Regd Lease date is 21.09.2013. 2. Godown Registered Lease is for Less Than <15 yrs as on the last date of submission of application. Regd Lease date is 21.09.2013. Thanking you. Very truly yours Sd./- Giriindra Mohan Sr. Regional Manager" 9. As a matter of fact, this Court has also found that the petitioner had filed his application on 7.10.2013 as is also apparent from perusal of the acknowledgement of receipt pf the application from the petitioner contained in Annexure-4. Regd Lease date is 21.09.2013. Thanking you. Very truly yours Sd./- Giriindra Mohan Sr. Regional Manager" 9. As a matter of fact, this Court has also found that the petitioner had filed his application on 7.10.2013 as is also apparent from perusal of the acknowledgement of receipt pf the application from the petitioner contained in Annexure-4. Thus, if the petitioner had produced the two registered lease deeds, both dated 21.9.2013 for a period of fifteen years, they could not have been held to be valid in terms of the condition laid down in the advertisement and the Brochure as with regard to fulfillment of the terms and conditions of owning the land/shop. 10. Let it be also noted that the petitioner in fact was earlier also given an additional opportunity by this Court vide order dated 22.10.2014 to satisfy as to how he could have been said to have fulfilled the condition as with regard to period of lease but nothing beyond the pleadings in the writ application has been brought on record which could have led this Court to hold the impugned order, as quoted above, to be bad either on fact or in law. 11. Thus, for the reasons indicated above, this writ application must fail and is, accordingly, dismissed. ?