BISWA KUMAR BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(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.