DR BARADA KANTA MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ application relates to appointment to the post of Chairman, State Pollution Control Board. The petitioner was a faculty of Botany Department in Ravenshaw University and thereafter he served as Deputy Controller of Examinations, Council of Higher Secondary Education, Orissa on deputation. The petitioner also worked as Deputy Director in the Directorate of Higher Education and thereafter as Deputy Secretary to Government in the Department of Higher Education. He also worked as Principal, Rajdhani Junior College. The petitioner was also the Senior Scientist, Forest and Environment Department, Government of Orissa which is concerned with Environmental Management and Administration. After serving as Senior Scientist, the petitioner became the Member Secretary, State Pollution Control Board, Orissa and continued as such till he attained the age of superannuation. It is stated in the writ application that the petitioner is also the co -author of books published by the Orissa State Bureau of Text Book Preparation and Production. He also participated in a specialized training programme on assessment of hazardous Waste Dump, Sites and Preparation of Remediation of Plants in Germany and had also participated in a number of National Conferences and Seminars. Since January 2008 the post of Chairman, State Pollution Control Board was lying vacant. The then Chief Secretary proposed for appointment of the then Development Commissioner as the Chairman of State Pollution Control Board and at the same time an order was passed to constitute a Search Committee for choosing a suitable person for appointment to the post of Chairman, State Pollution Control Board on regular basis. Section -5 of Air (Prevention and Control of Pollution) Act, 1981 provides for appointment of a Chairman for the State Pollution Control Board. It is provided that State Board constituted under the Act shall consist of a Chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government, provided that the Chairman may be either whole time or part time as the State Government may think fit.

(2.) THE Hon'ble Supreme Court constituted an Expert Committee under the Chairmanship of Prof. M.G.K.Menon to examine and recommend measure for protecting the environment from the impacts of generation and trans -boundary movement of large volumes of hazards waste in the country in a Public Interest Litigation filed in the year 1995. The Committee while making recommendations on the relevant issues also suggested certain eligibility criteria required to be fulfilled for appointment to the post of Chairman, State Pollution Control Board. The said report of the Committee was accepted in principle by the Hon'ble Supreme Court of India vide order dated 31.8.2007. The Hon'ble Supreme Court also constituted a 'Supreme Court Monitoring Committee' to over see the compliance of those recommendations submitted by the Committee. Supreme Court Monitoring Committee laid down the qualifications for the candidate for appointment to the post of Chairman, State Pollution Control Board which are as follows: -

(3.) THE Committee as per the earlier practice decided to issue an advertisement calling for applications/nominations for appointment to the said post and such advertisement was published in English Newspaper and in daily Newspaper 'The Sambada' and in the departmental website. Applications/nominations were invited from persons who had worked or were working in the State Government/Central Government Departments/Public Sector Undertakings and Universities and all the eligible criteria had also been indicated in the said advertisement. In pursuance of the said advertisement, the petitioner submitted his application. In total 51 applications were received by the Search Committee and after short listing, 13 candidates were called for interaction including the petitioner. The petitioner was called upon to appear before the Search Committee for interaction on 23rd April 2011. On 26th April, 2011 the Search Committee selected and recommended three candidates in order of merit and name of the petitioner found place at serial no.1 in the panel of the selected candidates prepared by the Search Committee. After completion of entire selection process, a panel was prepared and the Principal Secretary, F & E Department on the basis of recommendations made by the Search Committee proposed the name of the petitioner, who was at Serial No.1 of the merit list, to the Hon'ble Chief Minister for appointment to the post of Chairman, State Pollution Control Board for a period of three years. In Annexure -1, the Hon'ble Chief Minister rejected the panel submitted by the Search Committee and recommended by the Principal Secretary with the following note.