The court affirmed the need for transparent and qualified appointments to the KSPCB, holding that the guidelines must align with statutory provisions and prior court rulings.

ORDER :

These eight cases, six of them filed in PIL jurisdiction, regardless of the tenor of pleadings broadly raise the issue relating to the norms of appointment and the normative process of selection & appointment to the office of the Chairman of the Karnataka State Pollution Control Board (hereafter ‘KSPCB’). It is relevant to state the principal prayers made in each of the petitions. They are as under:

i) In W.P.Nos.9526/2020 & 9923/2020 (GM-RES-PIL), the prayer is for the quashment of the Government Order dated 19.06.2020 through which the State Government has issued the “Guidelines for nomination, Terms and conditions of service of Chairman, Members and appointment of Member Secretary of the Karnataka State Pollution Control Board under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974)”. They also seek a direction to issue these guidelines afresh strictly adhering to the observations of the Apex Court made in Techi Tagi Tara vs. Rajendra Singh Bhandari, (2018) 11 SCC 734. A prayer is made for setting aside the appointment made in terms of impugned guidelines.

ii) In W.P.Nos.9500/2021 & 9897/2021 both (GM-RES-PIL), the principal prayer is for a direction to the State Government to notify the qualifications for the post of the Chairman of KSPCB in terms of this court’s order dated 08.10.2020 as entered in the pending W.P.No.9526/2020 c/w W.P.No.9923/2020 that is the cases mentioned in the immediately preceding paragraph. A prayer is also made to initiate a fresh process of appointment after the qualifications are prescribed.

iii) In W.P.No.15179/2021 (GM-RES-PIL), the essential prayer is for a Writ of Mandamus to the State Government “to appoint the Chairman to KSPCB in conformity with the provisions of S.4(2)(a) of Water (Prevention & Control of Pollution) Act, 1974” and Guidelines dated 20.06.2020 as rectified by the Corrigenda dated 21.07.2020, 21.09.2020 and 06.11.2020. A prayer is also made for declaring these guidelines “as valid…”

iv) In W.P.No.19027/2023(GM-RES-PIL), is for a Writ of Quo Warranto against “the current Chairman Dr.Shanth Avarahalli” and to “prohibit” him from exercising his duties as the Chairman of KSPCB.

v) In W.P.No.23417/2023(GM-RES), filed by the present incumbent of the office of the Chairman of KSPCB, the prayer is for the quashment of the Communication dated 10.10.2023 which directed “to conduct the meeting of State Level Environment Committee (SLEC) with the composition of all Chief Environment Officer and Senior Environment Officer in charge of the concerned section and Member Secretary as the convener thereof..”. The grievance of the petitioner appears to be against his non-inclusion in the said Communication. He has also sought for the quashment of the letter dated 12.10.2023 issued by the Under Secretary to the Department of Forest, Ecology and Environment which mentions about the intended promotion & posting of the Chief Environment Officers from the cadre of Senior Environment Officers.

vi) In W.P.No.19569/2023 (GM-RES) is also filed by the present incumbent of the office of the Chairman of KSPCB for the quashment of the notification dated 31.08.2023 which by way of corrigendum cuts short his tenure as the Chairman on the premise that such appointment was made for the remainder of the statutory tenure and not the full tenure. He also seeks the quashment of Communication dated 26.07.2023 whereby, some enquiry is sought to be held against him.”

(II). After service of notice, the respective respondents have entered appearance through their advocates. State is represented by the learned Advocate General assisted by Additional Government Advocate/High Court Government Pleader. The KSPCB is represented by the learned Additional Advocate General assisted by its Panel Counsel. Learned Advocate General appearing for the State submits that the objections filed