Karnataka High Court
Sri Dodda Aswathanarayanan Swamy vs The Union Of India on 27 April, 2026
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NC: 2026:KHC:23518-DB
WP No. 15267 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 15267 OF 2024 (GM-RES)
BETWEEN:
1. SRI DODDA ASWATHANARAYANAN SWAMY
S/O MUNIYAPPA,
AGED 65 YEARS
R/AT 15/1, 1ST FLOOR,
HAL 2ND STAGE, DOOPANAHALLI,
BENGALURU 560008.
...PETITIONER
(BY SRI. R.S. RAVI, SENIOR ADVOCATE
Ms.SAMASHRITHA .R, ALONG WITH
SRI. AKARSH KUMAR GOWDA., ADVOCATE)
Digitally AND:
signed by
VASANTHA
KUMARY B K 1. THE UNION OF INDIA
Location: THE MINISTRY OF ENVIRONMENT,
HIGH FOREST AND CLIMATE CHANGE,
COURT OF INDIRA PARYAVARAN BHAWAN,
KARNATAKA
JHOR BHAG ROAD,
NEW DELHI 110003
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA
DEPARTMENT OF FOREST,
ECOLOGY AND ENVIRONMENT,
(ECOLOGY AND ENVIRONMENT),
NO.709, 7TH FLOOR, 4TH STAGE,
M.S.BUILDINGS,
DR.B.R.AMBEDKAR VEEDHI,
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WP No. 15267 of 2024
HC-KAR
BENGALURU 560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. SHRI B. GURUPRASAD
S/O B.K.BASAPPA,
AGED ABOUT 61 YEARS,
ENGINEER IN CHIEF (RETD.) AND FORMER
SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KARNATAKA.
R/AT NO.213, 'G' BLOCK,
10TH CROSS, SAHAKARANAGAR,
BENGALURU-560092.
4. SHRI LAKSHMIKANTH H.M.,
S/O NOT KNOWN,
AGED ABOUT 46 YEARS,
SRISHTI INTERNATIONAL (APPLIED RESEARCH AND
ENVIRONMENT), 1294, VIJRAKAYA 5TH BLOCK
SIR M. VISHWESWARAIAH LAYOUT, ULLALU,
BANGALORE 560056.
5. SRI MAHESH A.N.,
S/O NINGE GOWDA,
AGED ABOUT 52 YEARS,
ARUNODHAYA NILAYA,
NETHRAVATHI STREET,
RAMESHWARANAGAR,
CHIKKAMAGALUR 577101.
6. SHRI RAVI KUMAR YADAV B.V.,
S/O NOT KNOWN,
AGED MAJOR,
NO. 1326, 1ST CROSS, BEHIND MAHALAXMI
TEMPLE, KSRTC COLONY, MP PRAKASH NAGAR,
HOSPETE 583201,
VIJAYANAGARA DISTRICT,
KARNATAKA.
7. DR. BALAKRISHNA S. MADDODI
S/O SRINIVAS MADDODI
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WP No. 15267 of 2024
HC-KAR
AGED ABOUT 53 YEARS,
NO. 109, ANANTHNAGAR, MANIPAL,
UDUPI DISTRICT, KARNATAKA-576104.
8. SHRI DHRUVA KUMARA B.Y.,
S/O NOT KNOWN,
AGED ABOUT 39 YEARS,
329, BETTADAHALLI (POST), TARIKERE TALUK,
CHICKMANGALORE DISTRICT,
KARNATAKA-577228.
9. DR. SANGAMESH KOLLIYAR, MBBS, MS
S/O NOT KNOWN, AGED MAJOR,
MEDICAL DIRECTOR, ASHRAYA HOSPITAL,
SUNKADAKATTE,
MAGADI RAOD, BANGALORE 560091.
...RESPONDENTS
(BY SRI. UNNIKRISHNAN M., ADVOCATE FOR R1;
SRI. SHASHI KIRAN SHETTY, AG FOR
SRI. G.S.ARUNA, HCGP FOR R2;
SRI. SHIVARAJ.N.ARALI, ADVOCATE FOR R3 & R4;
SRI. K.N.PHANINDRA, SENIOR ADVOCATE FOR
SRI. ADIT CHANDAN GOUDAR, ADVOCATE FOR
R5, R7 & R9;
SRI. YASHODHAR HEGDE, ADVOCATE FOR
SRI. AJAY.J.NANDALIKE, ADVOCATE FOR R6 & R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE NOTIFICATION DATED 08.03.2024 MADE IN
S.O.1188(E) ISSUED BY THE 1ST RESPONDENT IN SO FAR AS
APPOINTING RESPONDENTS 3 AND 4 AS CHAIRMAN AND
MEMBER RESPECTIVELY OF STATE LEVEL ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY AND RESPONDENT NO.5 AS
CHAIRMAN AND RESPONDENTS 6 TO 9 AS MEMBERS
RESPECTIVELY OF STATE LEVEL EXPERT APPRAISAL
COMMITTEE VIDE ANNEXURE-A, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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NC: 2026:KHC:23518-DB
WP No. 15267 of 2024
HC-KAR
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the appointment of respondent Nos.3 to 9 as Chairman and Member of the State Level Environment Impact Assessment Authority (SEIAA) and the State Level Expert Appraisal Committee (SEAC).
2. The petitioner applied for appointment to the post of Chairman as well as Member of the said Authority. However, the State Government has not nominated him for appointment, but instead nominated respondent Nos.3 to 9.
3. Mr. R S Ravi, learned Senior Counsel for the petitioner assisted by Ms. Samashritha R learned counsel submits that none of the respondent Nos.3 to 9 are qualified for appointment as Chairman and Member of SEIAA or SEAC. He submits that although the respondents possess educational qualifications, they lack requisite experience in the field of environment, which is a pre-requisite for appointment to these -5- NC: 2026:KHC:23518-DB WP No. 15267 of 2024 HC-KAR these committees. He has drawn our attention to the notification issued by the Central Government under sub-rule 3 of Rule 5 of the Environment (Protection) Rules, 1986, which states the method of appointment of Chairman and Member SEIAA. He submitted that the petitioner applied to the aforesaid posts in pursuance to the notification issued seeking applications for appointing the Chairman and Member to SEIAA and SEAC. He was fully qualified as holding BE (Civil), Post Graduate Diploma in Pollution Analysis and M.Sc. in Environmental Science and Ph.d. in Environmental Science and he had experience of more than 19 years as Scientific Officer in the Department of Ecology and Environment while working in the State of Karnataka. He contends that his claim has been overlooked and the unqualified individuals have been appointed, and therefore, he submits that their appointments be declared as illegal and a mandamus be issued directing the respondents to appoint the petitioner and other qualified persons.
4. In support of his submissions he has drawn our attention to the qualifications prescribed for the appointment of -6- NC: 2026:KHC:23518-DB WP No. 15267 of 2024 HC-KAR the Chairman and the Member of SEIAA and SEAC. The qualifications are in two parts. One is professional and another is expert. The professional qualifications are the educational qualifications and expert qualifications are the relevant experience in the relevant field.
5. Mr. R. S. Ravi, learned Senior Counsel does not dispute that all the respondents 3 to 9 possess the requisite educational qualifications as prescribed against professional. However, he disputes their experience as expert. It is submitted that they do not possess the required experience/expertise in the field of ecology and environment. Therefore, he submits that they are ineligible for appointment to the post of Chairman and Member of these two Committees.
6. We have considered the submissions of the learned counsel for the parties.
7. The qualifications for appointment in State Level Environment Impact Assessment Authority and the State Level Expert Appraisal Committee are as under: -7-
NC: 2026:KHC:23518-DB WP No. 15267 of 2024 HC-KAR "Professional: The person should have at least (i) 5 years of formal University Training in the concerned discipline leading to a MA/MSc Degree, or (ii) in case of Engineering/Technology/Architecture disciplines, 4 years formal training in a professional training course together with prescribed practical training in the filed leading to a B.Tech/B.E./B.Arch. Degree, or (iii) Other professional degree (e.g. Law) involving a total of 5 years of formal University training and prescribed practical training, or (iv) Prescribed apprenticeship/article ship and pass examinations conducted by the concerned professional association (e.g.Chartered Accountancy), or (v) a University degree, followed by 2 years of formal training in a University or Service Academy (e.g.MBA/IAS/IFS). In selecting the individual professionals, experience gained by them in their respective fields will be taken note of.
Expert: A professional fulfilling the above eligibility criteria with at least 15 years of relevant experience in the field, or with an advanced degree (e.g.Ph.D) in a concerned field and at least 10 years of relevant experience."
8. Therefore, a person/candidate who has 15 years' of experience with educational qualifications as prescribed or 10 years' experience with Ph.D., in the relevant field of his/her educational field, as per professional qualifications would be eligible for appointment as Chairman/Member of these Committees. The requirements do not specify that experience/qualification as an expert should be in the field of -8- NC: 2026:KHC:23518-DB WP No. 15267 of 2024 HC-KAR ecology and environment. What all is provided is that the experience should be in the relevant field of the candidate as per the educational qualification ranging from MA/M.Sc. degree to LL.B. degree and therefore, a candidate who is MA/M.Sc. degree holder and has 15 years of experience or having Ph.D. and 10 years experience is eligible to be appointed as Chairman/Member of these committees. Even a person with a LL.B. degree with 15 years of experience would be eligible for appointment as Chairman/Member of the Committee subject to other requirements.
9. Therefore, we are of the opinion that the requirement as having expertise and experience in the field of ecology and environment is not the qualification for appointment as Chairman/Member of the SEIAA and SEAC. In view thereof, we do not find much substance in the submissions advanced by Mr. R. S. Ravi, learned Senior Counsel. We, therefore, hold that when all the respondents are having educational qualifications and the requisite experience of 15 years or more in the relevant field in which they possess the educational qualifications as -9- NC: 2026:KHC:23518-DB WP No. 15267 of 2024 HC-KAR professional qualification, we hold that all the respondent Nos.3 to 9 are eligible for their respective appointment to the post where they have been appointed by the Central Government. Thus, we find no merit in this writ petition and the same stands dismissed.
10. However, if there are vacancies of the members in the SEIAA and SEAC, the application of the petitioner may be considered if the State Government sponsors his name for appointment as Member for which the petitioner may approach the State Government by submitting an application for his appointment as Member of the aforesaid Committees within a period of three months.
Sd/-
(D K SINGH) JUDGE Sd/-
(T.M.NADAF) JUDGE RKA List No.: 1 Sl No.: 17