Selection Committees must adhere strictly to their authority without imposing their own policies that disregard eligibility criteria set by governing bodies in the selection process.

JUDGMENT

The Kerala State Pollution Control Board is presently headed by the 4th respondent -

Sri.A.B.Pradeep Kumar, as its Chairman.

2. The petitioner, Sri.K.S.Govindan Nair, has challenged the appointment of Sri.A.B.Pradeep Kumar, made by the Government through Ext.P9, on various grounds, but primarily that the process of selection, which culminated in the said appointment, has been vitiated by the illegal elimination of eligible persons, including himself; thereby having created an unlawful favourable terrain for certain candidates of the choice of the Selection Committee. The petitioner also alleges that his elimination from the process of selection was on account of caprice and mala fides on the part of the members of the Selection Committee and thus, prays that the appointment of Sri.A.B.Pradeep Kumar be set aside by this Court.

3. I have heard Sri.Jaiju Babu, learned Senior Counsel, instructed by Sri.Brijesh Mohan, appearing for the petitioner - Sri.K.S.Govindan Nair; Sri.Ramesh Babu, learned Senior Counsel, instructed by Smt.Gayathri Potti, learned counsel appearing for the 4th respondent - Sri.A.B.Pradeep Kumar; the learned State Attorney, Sri.K.V.Sohan, appearing on behalf of respondents 1 and 2 and Sri.T.Naveen, learned Standing Counsel for the 3rd respondent - Kerala State Pollution Control Board.

4. As I have said above, the accusations in this writ petition, made by Sri.K.S.Govindan Nair, rest in part on the assertions of malice and mala fides on the part of the members of the Selection Committee, but when this matter was considered today, his learned Senior Counsel, Sri.Jaiju Babu, submitted that such contentions are not being vehemently pressed and that they are intended only as a support to the main contention, namely, that the Selection process has been rendered untenable on account of the unlawful elimination of eligible candidates, including his client.

5. Sri.Jaiju Babu submitted that, as is limpid from Ext.P1 notification dated 27.02.2018, the Government of Kerala has prescribed the qualifications for the post of Chairman of the Pollution Control Board — which is, in fact, in obedience to the directions of the Hon'ble Supreme Court in Techi Tagi Tara v. Rajendra Singh Bhandari and others [ 2018 (11) SCC 734 ] — which are: (a) Masters Degree in Science Technology Engineering, with specialization in environmental issues; (b) experience of working in an institution engaged in environmental protection activities for a minimum period of 15 years; or experience of a minimum of 15 years in industrial pollution, water purification and air pollution.

6. The learned Senior Counsel then showed me that, based on the qualifications so prescribed, the Government, thereafter, issued Ext.P3 notification, dated 05.05.2020, calling for applications from interested persons with requisite qualifications as mentioned above, to be made to the Principal Secretary, Environmental Department of the Government. He says that his client accordingly made Ext.P4 application and was expecting to be called for interview, but that he was taken aback when Ext.P9 order was issued by the Government — appointing Sri.A.B.Pradeep Kumar as the Chairman of the Pollution Control Board. The learned Senior Counsel thus contended that Ext.P9 order and the process that led to it, are both vitiated; and consequently, amenable to interference of this Court, under the ambit of Article 226 of the Constitution of India.

7. In response to the afore submissions of Sri.Jaiju Babu, the learned Senior Counsel, Sri.Ramesh Babu, appearing for Sri.A.B.Pradeep Kumar, commenced his arguments by saying that neither the process of selection nor the issuance of Ext.P9 order in his client's favour, can be called into question by the petitioner because, going by the provisions of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'the Act' for short), the Chairman of the Pollution Control Board is to be “nominated” by the State Government. He