Says no appointment will be made to posts of chairperson and member-secretary sans court docket permission
Declining to settle for the rules framed by the State authorities for choosing candidates to the posts of chairperson and member-secretary of the Karnataka State air pollution Control Board (KSPCB), the High Court of Karnataka on Thursday mentioned the federal government couldn’t have determined to appoint only an officer from the cadre of IAS or IFS to the put up of member-secretary of the board.
Also, the court docket mentioned that within the mild of the Supreme Court’s judgment in Techi Tagi Tara vs. Rajendra Singh Bhandari case it was the responsibility of the State authorities to prescribe the tutorial qualification for the put up of the chairperson.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S. Kinagi handed the order whereas listening to a batch of PIL petitions questioning the legality of the rules mounted for choosing candidates to posts of member, member- secretary, and chairperson within the KSPCB.
The Bench mentioned the board should encompass individuals having technical experience and expertise in coping with environmental issues as the board performs a pivotal and essential function in implementing three necessary legal guidelines, the Environment (Protection) Act, the Water (Prevention and Control of Pollution) Act, and the Air (Prevention and Control of Pollution) Act, enacted to defend setting and ecology.
The apex court docket, the Bench mentioned, had referred to the suggestions made by a committee, which had mentioned that the member-secretary of the State Pollution Control Boards ought to possess a postgraduate diploma in science, engineering or know-how and have ample expertise of working within the areas of setting safety.
Pointing out that State authorities had not given any motive for selecting officers from only IAS and IFS cadres for the put up of the member secretary, the Bench mentioned the rule of thumb to contemplate officers of only these cadres was opposite to the provisions of the regulation whereas stating that the regulation doesn’t refer to appointment only from IAS or IFS cadres.
While declaring that appoint of officers of IAS or IFS cadres would have an effect on functioning of the board as the federal government would switch the officers continuously citing exigencies, the Bench mentioned that the member-secretary requires a minimal tenure of two to three years.
While directing the federal government to rethink qualification for each the posts, the Bench additionally mentioned the federal government can’t appoint any particular person to these posts with out prior permission of the court docket.