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 the minimum age of the applicant to be not less than 45 years and maximum age not to exceed 57 years for outside candidates as on 1st October, 2018. It was also notified that the age of superannuation is 60 years. While fixing the maximum age limit for outside candidates as 57 years, there was no such stipulation for the in-service candidates. Another advertisement was issued on the same day for the same post where the maximum limit was fixed as 57 years for outside candidates as on 1.10.2018. The petitioner whose date of birth is 31.12.1960 applied for the said post and he completed 57 years on 31.12.2017. As far as the other terms and conditions for appointment to the said post are concerned, no issue has been raised in this petition.

5. The petitioner contended that though he was allowed to submit his application in terms of the initial advertisement issued on 6.10.2018 and was expecting to be called for interview, he was not called for the same and the interview was held without considering him. It is stated that later on the petitioner came to know that he was not called for interview on the purported ground that he had crossed the maximum limit of 57 years as on 1.10.2018.

Being aggrieved, he has filed this writ petition.

6. The petitioner contended that the Assam Gas Company Limited was bound by the guidelines issued by the Public Enterprises Selection Board, Department of Personnel and Training, Ministry of Personnel Public Grievances & Pension, Government of India, New Delhi in the matter of appointment to the post of Managing Director of the Company, which provide for relaxation of maximum age for in service candidates by one year i.e. in-service candidates upto the age of 58 years could apply for such post, where the age of superannuation is 60 years.

7. The aforesaid submission of the Ld. Senior Counsel for the petitioner is based on the following premises.

7.1 It is not in dispute that the Assam Gas Company Ltd. is engaged in certain business activities involving natural gas associated with petroleum and other crude oil. As far as the subject relating to natural gas, petroleum gas etc. is concerned, this is clearly covered by Entry No.53 of List I of the 7th Schedule of the Constitution which deals with regulation and development of oil fields and mineral oil resources; petroleum and petroleum products; other liquefied substances declared by the Parliament by law to be dangerously inflammable and not covered by Entry No. 25 of the State List.

7.2 Learned Senior Counsel for the petitioner submits that Entry No. 25 of the State list/List No. II which mentions of "gas and gas-works", is relatable only to gas-works only and the word "gas" used therein does not extend to natural gas or petroleum products as the same has been finally determined by