New Delhi (10.04.20210: Former TN CS Girija Vaidhyanathan faces a storm of uncertainty even before she could formally join the National Green Tribunal (NGT) as an expert member on April 19, 2021.

Adjourned for further hearing on April 19, 2021, the Madras HC on 9 April 2021 put an interim stay on an ACC order on her appointment to the environmental watchdog on the ground that she didn't qualify the eligibility criterion of a minimum of five years' experience in dealing with environmental issues.

It may be recalled that through an ACC order of December 12, 2020, she was appointed an expert member of the NGT along with her 1987 batch colleague K Satyagopal who is credited with having played a pivotal role in shaping TN's disaster response following the cyclone Gaja. The latter retired as Additional Chief Secretary and Commissioner of Revenue Administration and had earned the reputation of a real hard taskmaster. 

The Madras HC order on interim stay of Ms. Vaidhyanathan's appointment was issued by its first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy following a petition moved by Poovulagin Nanbargal, an environmental conservation group.

NGO Petitioner G Sundarrajan argued before the bench that NGT Act mandates a person to have administrative experience of 15 years including experience of five years in dealing with environmental matters in the Central or a State government or in a reputed national or state-level institution.

In spite of this clear legal provision, petitioner's counsel Radhakrishan argued, the Appointments Committee of the Cabinet appointed Girija Vaidyanathan who does not possess the qualifying requirement of five years' experience in dealing with environmental issues.

Therefore, the petitioner argued for cancellation and nullification of the December 12 notification of her appointment. He also pleaded that the court directs the authorities to call for the records.

On the other hand, the counsel for the central government stated that Vaidhyanathan had held various administrative positions that ipso facto were related to the environment. The counsel confirmed that she was set to assume charge on April 19.

However, the bench didn't accept the submissions of the Central government counsel and orally observed that, though the former Chief Secretary does possess administrative experience, she does not appear to have five years of experience in dealing with environmental issues.

The bench said that she had only three years of experience in dealing with environmental matters. So it observed: "We are not happy with the qualifications of the person who has  been appointed as the expert member of the tribunal... as she prima facie does not seem to satisfy the 5 years experience criteria prescribed in Sec 5(2)(b) of NGT Act, there will be a stay on the third respondent (former Chief secretary)appointment until the disposal of the plea."

The bench adjourned the hearing for further submissions on April 19.

(By MK Shukla & Rakesh Ranjan)