PIL in Karnataka HC challenges process to appoint pollution control board chief

The Karnataka High Court on Wednesday ordered notice to the state government on a PIL filed challenging the process to appoint the chairperson to the Karnataka State Pollution Control Board (KSPCB).

The PIL challenged the public notice issued by the state government inviting applications from eligible candidates stating it is ultra vires the judgment of the High Court and the Apex Court.

The petition is filed by R Anjaneya Reddy, a social activist from Chikkaballapur. The petition said that the qualification and experience clause published in the July 21, 2020, public notice doesn't conform to the provisions of the Water Act as well as directions issued by the Supreme Court.

The petition said the qualification and experience clause in the public notice is repugnant to the provisions of the Water Act, orders of the High Court and the Apex Court.

When there was a specific mandate to have “experience in administering the institution” as one of the criteria, the government diluted it with “part of administration”.

While the M G K Menon Committee, quoted by the Supreme Court, had recommended that the candidate must have an understanding of law, no such requirement is included in the said public notice and no minimum experience is specified as well.

The petition has sought to quash the selection process adopted by the government and directions to comply with the orders of the High Court passed on October 8, 2020. A division bench headed by Chief Justice Abhay Shreeniwas Oka has ordered that the fresh petition be clubbed with the pending PIL on the same issue.

In the pending PIL, the High Court had directed the government to start the selection process afresh by notifying the qualifications.

However, the government submitted that it has concluded the selection and the process adopted by the committee is in conformity with the orders passed by the High Court.

The government has not disclosed the name it has finalised for the post in view of the pendency of the petition.