PRATIK SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for issuance of a writ of ..quo warranto.. for removal of respondent No. 5 from the post of Chairman, Jharkhand State Pollution Control Board (for short "JSPCB") on the ground that he has been appointed in complete violation of law laid down by the Hon'ble Apex Court in case of Tegi Tagi Tara Vs. Rajendra Singh Bhandari and Ors. [(2018) 11 SCC 734]. Petitioner has further prayed for a direction upon the respondents to frame appropriate guidelines or recruitment rules in State Pollution Control Board (for short "SPCB") as per mandate given in the case of Tegi Tagi Tara. Petitioner has also prayed for quashing and setting aside the notification dtd. 24/6/2020 (Annexure-4), by which the respondent No. 5 has been appointed as Chairman, JSPCB. After quashment of the said notification, the petitioner prays for a direction upon the respondents to fill-up the post of Chairman, JSPCB after framing proper guidelines/ recruitment rules considering the institutional requirement of the JSPCB in pursuance of direction issued by the Hon'ble Apex Court in case Tegi Tagi Tara.

(3.) The facts of the case lies in a narrow compass. The Deputy Secretary, Forest, Environment and Climate Department vide its notification dtd. 5/12/2017 has reconstituted the Jharkhand State Pollution Control Board and several persons were appointed as Member of the Pollution Board merely on the basis of their designation. It is the case of the petitioner that on 17/2/2020, a meeting was held by the Selection Committee, which comprised of Additional Chief Secretary, Forest, Environment and Climate Department and Principal Chief Conservator of Forest and headed by the Chief Secretary, Government of Jharkhand, for appointment of Head of Forest Force (HoFF) under the Indian Forest Service, Jharkhand Cadre, wherein the Selection Committee has made recommendation of following persons in order of merit: