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Says no appointment could be made to posts of chairperson and member-secretary sans courtroom permission
Declining to settle for the rules framed by the State authorities for choosing candidates to the posts of chairperson and member-secretary of the Karnataka State air pollution Control Board (KSPCB), the High Court of Karnataka on Thursday mentioned the federal government couldn’t have determined to appoint only an officer from the cadre of IAS or IFS to the publish of member-secretary of the board.
Also, the courtroom mentioned that within the gentle of the Supreme Court’s judgment in Techi Tagi Tara vs. Rajendra Singh Bhandari case it was the responsibility of the State authorities to prescribe the academic qualification for the publish of the chairperson.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S. Kinagi handed the order whereas listening to a batch of PIL petitions questioning the legality of the rules mounted for choosing candidates to posts of member, member- secretary, and chairperson within the KSPCB.
The Bench mentioned the board should include individuals having technical experience and expertise in coping with environmental issues as the board performs a pivotal and essential position in implementing three vital legal guidelines, the Environment (Protection) Act, the Water (Prevention and Control of Pollution) Act, and the Air (Prevention and Control of Pollution) Act, enacted to defend atmosphere and ecology.
The apex courtroom, the Bench mentioned, had referred to the suggestions made by a committee, which had mentioned that the member-secretary of the State Pollution Control Boards ought to possess a postgraduate diploma in science, engineering or know-how and have satisfactory expertise of working within the areas of atmosphere safety.
Pointing out that State authorities had not given any cause for selecting officers from only IAS and IFS cadres for the publish of the member secretary, the Bench mentioned the rule to think about officers of only these cadres was opposite to the provisions of the legislation whereas stating that the legislation doesn’t refer to appointment only from IAS or IFS cadres.
While stating that appoint of officers of IAS or IFS cadres would have an effect on functioning of the board as the federal government would switch the officers incessantly citing exigencies, the Bench mentioned that the member-secretary requires a minimal tenure of two to three years.
While directing the federal government to rethink qualification for each the posts, the Bench additionally mentioned the federal government can not appoint any particular person to these posts with out prior permission of the courtroom.
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