Madras High Court stays appointment of Girija Vaidyanathan as NGT Expert Member [Read Order]

The Madras High Court on Friday stayed the appointment of IAS officer Girija Vaidyanathan as an expert member of the National Green Tribunal (NGT) on finding that a strong prima facie case has been made out that she does not meet the eligibility criteria for the appointment (G Sundarrajan v. Union of India and ors). .The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy passed the order on a Public Interest Litigation (PIL) petition moved by G Sundarrajan.."Prima facie, the petitioner makes out a strong case that the third respondent herein (Girija Vaidyanathan) does not meet the eligibility criteria for being appointed as an expert member of the National Green Tribunal", the order said..The issue raised before the Court was whether Vaidyanathan has requisite administrative experience in dealing with environmental matters in the Central or State Government or in a reputed National or State level institution, in terms of Section 5 (2) (b) of the National Green Tribunal Act, 2010..In an affidavit filed by Vaidyanathan, she submitted that she had been a secretary to the State Government in the Environment and Forest Department from December 2001 to August 2002 and that she was the Chairman of Tamil Nadu Pollution Control Board from November 2003 to May 2005."Thus, it is evident that the third respondent has more than three and half years' experience in dealing with environmental matters," the Court noted..Section 5 (2) (b) calls for an Expert Member of the NGT to have at least five years' of such administrative experience, included in the minimum of 15 years' administrative experience expected of an eligible candidate. .The Court also took note of Vaidyanathan's submission that she was: Principal Secretary in the Health and Family Welfare Department for about 15 months;Commissioner of Land Administration for three and half years; Chief Secretary for two and half years; Commissioner of Sugar for three years; Joint Managing Director of the Tamil Nadu Civil Supplies Corporation for two and half years; and Served in the Finance Department for three years..It is possible that Vaidyanathan may have dealt with environmental matters in the course of carrying out these roles, the Court observed. However, it is necessary for Vaidyanathan to indicate the same to the satisfaction of the Court, the Bench said. Moreover, it has to be shown that such information was before the Selection Committee, the Court added. "There may be an element of discretion in considering what may amount to dealing with environmental matters, but the Selection Committee could not have exercised any discretion to relax the relevant eligibility criterion in derogation of the statutory requirement," the Court made it clear. .Though an affidavit was filed by the Central government in the matter, the Court opined that it was rather vague on the aspect of Vaidyanathan's qualifications..The Bench proceeded to adjourn the matter for further hearing on April 16, particularly since the Additional Solicitor-General was unable to participate in the hearing on Friday. "However, since it is submitted on behalf of the third respondent that the third respondent is due to assume charge on April 19, 2021, there will be a stay on the third respondent's appointment till the disposal of this petition," the Court said. .[Read Order]