IAS officer continues to head CPCC despite questions over qualification to hold the post

However, the foremost requirement (according to the Model Recruitment Rules) for the post in question say that “a person shall not be eligible to be nominated as Chairman, unless he possesses a post graduate degree in science relating to environment or a bachelor’s degree in engineering in a discipline relating to environment from a recognised university or institute”.

Chandigarh administration and the environment secretary himself, had been consistently trying to justify that he although has a B.Tech degree in computer science, but he has also studied elective subjects on environment science (energy, ecology and environment; and environmental quality management). The administration has also cited that in his 22 years of administrative experience, the officer has experience in the areas including “environmental protection, water treatments etc”.

The UT, over the last one year, in a series of communications exchanged among it’s top-brass, has found that Yadav does not hold the qualification that is mandatory for the post of Chairman, CPCC.

In the wake of a hearing in a related case pertaining to “appointment of Chairman and other members in pollution control committees in the Union Territories and states”, the Chandigarh administration re-constituted it’s CPCC on May 27, 2022.

On August 18, 2022, UT Administrator Banwarilal Purohit’s approval was taken indicating that Yadav fulfills the qualification criteria. In his capacity as secretary (environment), Yadav was nominated as Chairman, CPCC.

However, an administrative order in this regard had to be issued. The IAS officer, while acting as Home Secretary, referred the draft order for “vetting from the LR” on August 26, 2022.

On September 3, 2022, Chandigarh administration’s Legal Remembrancer – cum – Director of Prosecution (Additional District and Sessions Judge Vijay James) slammed the Chandigarh administration’s move calling it “legally unsustainable” and said “the order cannot be vetted by his department in view of material irregularities in the present case”.

The LR in his opinion, however, called it a “deviation to the template or model rules approved by government of India”.

Citing the “Model Rules framed by the Central Pollution Control Board for appointment of chairman and the member secretary of Pollution Control Committee in the Union Territories”, the office of LR cautioned the administration that “no deviation qua the same may be made” and added that “ chairman and member secretary cannot be an ex-officio member as per the model composition”.

The LR added, “In case the proposed incumbents do not meet with the criteria of qualification and experience, or do not meet with other terms and conditions as envisaged by government of India, Ministry of Environment, Forest and Climate Change, then the desired administrative order to be issued by the Chandigarh administration in the light of notification dated May 27, 2022 would be legally unsustainable”.

Yadav’s office, however, kept pursuing the matter and cited his educational qualifications in response to the LR’s scathing note. The matter eventually reached Dharampal, UT Adviser to Administrator.

Dharampal, the senior-most bureaucrat in Chandigarh administration, perused the matter and sent the file “in a sealed cover” directly to the Member Secretary, CPCC Arulrajan P. On adviser’s instructions, the member secretary referred the matter to Panjab University (PU) to see if Yadav’s educational qualifications were in accordance with the mandatory educational requirements for the post of CPCC’s Chairman. Neither Yadav’s identity, nor the post were identified in the matter referred to PU’s Registrar.

PU’s Registrar Prof. YP Sharma in his reply sent to Arularajan P on December 26, 2022, stated, “It is to inform you that after going through the DMC (Detailed Marks Certificate), it has been observed that the candidate is B.Tech had studied only two subjects relating to the environmental science i.e. environmental quality management and energy, ecology and environment. Thus, the candidate is only sensitised about the environmental matters and does not possess the degree related to environmental education”.

While speaking to The Indian Express, Yadav claimed that his B.Tech degree from IIT Delhi is equivalent for one in forestry “Had I been a graduate of arts, it could have been challenged under the present set of rules. But, I hold an enginering degree that is equivalent to forestry. Even UPSC considers engineering degree at par with forestry,” the official said.

He added that if there is an issue with his educational qualifications, then his alma mater should be asked about it. “How is PU qualified to comment on my educational qualifications”, Yadav added.

Despite PU Registrar’s clear reply, the Chandigarh administration has yet developed a cold feet on the issue while Yadav continues to be on the coveted post.

Talking to The Indian Express, UT Adviser Dharampal said, “We are looking into it. I had sought certain clarifications, which have come to us and we are examining it. We stand fully committed to the recruitment rules. Once we get a replacement for Debendra Dalai, the Chief Conservator of Forests (recently transferred out of his post), we shall take a call on that [restructuring the CPCC]”.