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2019 Supreme(Gau) 535

N.KOTISWAR SINGH
Ajoy Kumar Bhattacharyya – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant :Mr. K.N. Choudhury, Senior Advocate Mr. R.M. Deka, Advocate Mr. D.J. Das, Advocate Mr. B.K. Kashyap, Advocate,
For the Respondent:Mr. D. Das, Senior Advocate Mr. A. Kalita, Advocate. Mr. M. Mahanta, Advocate

JUDGMENT :

1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. R.M. Deka, learned counsel for the writ petitioner. Also heard Mr. D. Das, learned senior counsel assisted by Mr. A. Kalita, learned counsel for the Assam Gas Company Ltd. and Mr. M. Mahanta, learned Standing Counsel for the Industries & Commerce, Government of Assam.

2. The present writ petition has been filed by an in service candidate challenging the fixation of the upper age limit in the advertisement for appointment to the post of Managing Director of the Assam Gas Company Limited (AGCL) by which the petitioner has been kept out of reckoning for consideration for appointment to the said post.

3. The petitioner is presently serving as a Deputy General Manager (Technical) in the DNP Limited and was earlier serving in various capacities in the Assam Gas Company Ltd. after entering service therein as an Assistant Engineer (Mechanical) in 1985.

4. The Respondent no. 3 issued an advertisement dated 6.10.2018 for appointment to the post of General Manager of Assam Gas Company Limited by publishing it in the Daily Local News, Assam Tribune, wherein the eligibility criteria as regards age was notified by showing

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