The main legal point established in the judgment is the interpretation of the amended Water Rules and Air Rules in relation to the eligibility criteria for the post of Chairman, State Pollution Control Board of Assam.

ORDER :

1. Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. P.N. Goswami, learned Addl. Advocate General for the State, assisted by Mr. S. Baruah, learned standing counsel for the respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the advertisement dated 08.07.2021 published on 10.07.2021 issued by the respondent no. 2 in so far as it relates to the post of Chairman, State Pollution Control Board of Assam, which he is currently holding as an In-Charge. The petitioner has also prayed for other consequential directions.

3. The State Pollution Control Board, Assam has been established as per the requirement of the (i) Air (Prevention and Control of Pollution) Act, 1981, (ii) Air (Prevention and Control of Pollution) (Assam) Rules, 1991, (iii) Water (Prevention and Control of Pollution) Act, 1974, and Water (Prevention and Control of Pollution) (Assam) Rules, 1977. The State Rules have been amended by virtue of (i) Air (Prevention and Control of Pollution) Assam (Amendment) Rules, 2021 and (ii) the Water (Prevention and Control of Pollution) Assam (Amendment), Rules 1981. It is not disputed in the Bar that both the Air Act and the Water Act are pari materia in so far it relates to age, qualification and tenure of the service relating to the post of Member Secretary and Chairman. However, in the Air Rules, the relevant provisions are contained in Rule 3, whereas in the Water Rules, pari materia Rules are contained in Rule 20. It may be mentioned that the learned counsel for both sides have made their respective submissions by referring to the provisions of the Water Rules. Hence, in this order, reference is only made to the Water Rules.

4. By virtue to amendment carried out in Water Rules, under Clause (6) of Sub-Rule (A) of Rule 20 in respect of the post of Chairman, the upper age until which a person can hold the post was prescribed as 65 (sixty five) years. Under Clause (9) of Sub-Rule (A) of Rule 20 of the amended Water Rules, the tenure of the Chairman has been prescribed as 3 (three) years from the date of his appointment by the Government of Assam without any extension for more than one term.

5. The facts are not in dispute. For the purpose of brevity, it would be sufficient to mention that the petitioner claims to have joined service in the Pollution Control Board, Assam in the year 1984 as an Assistant Engineer. He had held the post of Chief Environmental Engineer from 30.01.2014 to 31.03.2019 and that he had also held the post of Member Secretary of the Pollution Control Board, Assam from 02.06.2014 to 31.03.2019. The petitioner had superannuated from service on 31.03.2019 on attaining the age of 60 years and that now he is about 62 years of age. In the employment advertisement published in the newspapers on 10.07.2021, it has been prescribed that the age limit for appointment to the post of Chairman shall not be exceeding 62 (sixty-two) years as on the closing date of the receipt of applications. It was also prescribed that the Chairman shall have a fixed tenure of 3 (three) years not extendable further.

6. In light of the said two conditions prescribed in the impugned employment advertisement, the learned counsel for the petitioner has submitted that the maximum age as prescribed by way of the said advertisement was not in consonance with the Rules. It is submitted assuming that there was any deficiency in the Rules, by executive decision, the authorities could have given conditions in the advertisement to supplement the Rules, but the authorities could not have supplanted it by prescribing a minimum and/or maximum age for applying for the said post. It is submitted that the said two conditions were adverse to the interest of the petitioner as he would be rendered ineligible to apply for being appointed to the post of Chairman because he is now about 62 years of age. It is submitted that the post of Chairman was all along held on In