GEETHA MISRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner.

(2.) This writ petition under Article 226 of the Constitution of India is filed in public interest for challenging the annexure to the Government Order dated 19th June 2020 (Annexure-B). Annexure-B contains guidelines for nomination, the terms and Conditions of service of the Chairman, the Members and the Member Secretary of the Karnataka State Pollution Control Board (for short 'KSPCB').

(3.) The learned counsel appearing for the petitioner has strong objection to Clause (5) of the said guidelines which provides that the Chairman shall be selected by a Search-cum- Selection Committee consisting of the Hon'ble Chief Minister as the Chairman, the Hon'ble Minister for Forest, Ecology and Environment as the Vice Chairman and Member, and the Chief Secretary to the Government as the Secretary and Convenor of the Committee. He submitted that in what manner the appointment of Chairpersons and Members of KSPCB is to be made is laid down by the Apex Court in the judgment and order dated 22nd September 2017 in Civil Appeal No.1359 of 2017 in the case of TECHI TAGI TARA vs RAJENDRA SINGH BHANDARI AND OTHERS . He further submitted that in many cases like the Police Complaints Authority, Human Rights Commission and other similar statutory bodies, there are separate Search Committees and Selection Committees. His submission is that in the present case, the Search Committee and the Selection Committee are the same. His further submission is that ideally, the Search Committee should be entrusted with the job of shortlisting the eligible candidates and the selection shall be left to another Selection Committee. He submitted that paragraph 33 of the aforesaid decision of the Apex Court lays down that if a person who is not qualified is appointed as the Chairperson or a Member of a State Pollution Control Board, any public spirited person can always approach the Constitutional Court for seeking a writ of quo warranto. He further submitted that if the Search Committee and the Selection Committee are one and the same, there is every likelihood that the person who does not meet the statutory or constitutional requirements will be appointed as the Chairperson or a member of the State Pollution Control Board. He invited our attention to paragraphs 30 to 33 of the aforesaid decision of the Apex Court.