R.M. Borde, J.

Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. Petitioners in all these petitions are prospective applicants who are desirous of participating in the process initiated by Respondent-Maharashtra State Electricity Distribution Company Ltd., for making appointment to the post of Electrical Assistant (‘Vidyut Sahayyak’). Petitioners are seeking direction to the Respondent-Company to provide maximum age relaxation up to 45 years to the petitioners belonging to Project/Earthquake Affected Persons’ category in the advertisement no.1/2012 published on 08.06.2012. It is also prayed to declare that petitioners belonging to age group of 18 to 45 years are qualified and entitled to apply for the post of Electrical Assistant and to direct the Respondent-Company to consider candidature of petitioners for the said post. Petitioners are also seeking to quash advertisement no.1/2012 being in contravention of Government Resolution dated 03.02.2012.

3. Respondent-Maharashtra State Electricity Distribution Company Limited is formed after dissolution of Maharashtra State Electricity Board in view of notification issued under the Electricity Act, 2003, by the State on 04.06.2005. So far as petitioners in Writ Petition Nos.5120/2012, 4778/2012, 5144/2012 and some of the petitioners in Writ Petition No.5143/2012 are concerned, they belong to either Project Affected Persons’ category or Earthquake Affected Persons’ Category and some of the petitioners are from Freedom Fighters’ category. Petitioners in Writ Petition No. 5007/2012 belong to open category and according to these petitioners, the upper age limit for tendering applications for appointment to the said post shall be 33 years, with relaxation of five years in case of backward class candidates in accordance with Government Resolution dated 17.08.2004.

4. Petitioners are challenging prescription of upper age limit in the advertisement issued by Respondent-Company on the ground that said prescription is in violation of Government policy. Petitioners placed reliance on Government Resolution dated 03.02.2007 whereby decision is taken by the State Government to raise upper age limit of Project Affected Persons’ category including Earthquake Affected Persons’ category up to 45 years for making appointments. It is recorded in the Resolution that directives are applicable to the employments with State Government Corporations, Government Boards, Municipal Corporations, Municipal Councils, Zilla Parishads and to such of the Entities, Authorities and Societies who are bound by the directives of the State Government. According to petitioners, Respondent-Company being Government owned Company, is bound by the directives of the State Government and as such, policy prescribed by the State Government raising upper age limit for the purposes of appointing candidates from Project Affected Persons’ category/Earthquake Affected Persons’ category is equally applicable to the Respondent-Company. It is vehemently contended by the petitioners that Respondent-Company is “the State” within meaning of Article 12 of the Constitution and is bound to follow directives of the State Government including directives prescribing age for making appointment to the various posts from amongst a particular category.

5. It is also contended by petitioners that other Companies, who are formed after bifurcation of Maharashtra State Electricity Board, are observing the policy formulated by the State Government in respect of prescribing upper age limit for making appointment to various posts from amongst Project Affected Persons’ category/Earthquake Affected Persons’ category and as such, Respondent-Company cannot be permitted to refuse to obey the directives. According to the petitioners, regulation framed by the Respondent-Company prescribing lower age limit is in violation of the policy framed by the State Government, which is applicable to t