D.VELAZHAGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In W.P. Nos.6940 of 2020, the validity of Rules 2(4)(b)(3)(ii) and 2(4)(b)(3A) of the Appointment of Chairman and Member Secretary of the Tamil Nadu Pollution Control Board Rules, 2019 (the TNPCB C and MS Appointment Rules) is challenged both on the ground that it is unconstitutional and ultra vires the Water (Prevention and Control of Pollution) Act, 1974 (the Water Act) and the Air (Prevention and Control Pollution) Act, 1981 (the Air Act). W.P. No.6943 of 2020 is filed for a writ of certiorari to quash the notification bearing No.01/MS/TNPCB/2020 in respect of calling for applications for the post of Member Secretary of the Tamil Nadu Pollution Control Board (the TNPCB). In W.P. No.10332 of 2020, validity of Rule 2(4)(b)(3A) of the TNPCB C and MS Appointment Rules) is challenged both on the ground that it is unconstitutional and ultra vires the Water Act and the Air Act.

(2.) As is evident from the above, the dispute pertains to the TNPCB C and MS Appointment Rules. The TNPCB C and MS Appointment Rules were framed in exercise of powers conferred by Sections 64(2)(e) of the Water Act. The challenge is focused on two aspects. The first aspect is the requirement that the Member Secretary should have 25 years field experience in environmental protection and enforcement of environmental legislation. The relevant rule in this regard is Rule 2(4)(b)(3) which is as under:

(3.) The Petitioners do not have any reservation or objection in respect of the qualification specified in Rule 2(4)(b)(3)(i), namely, the educational qualification requirement, but have strong objection to the "enforcement of environmental legislation" requirement in Rule 2(4)(b)(3)(ii).