The Hindu : Kerala News : PCB told to issue fresh notification

Online edition of India's National Newspaper
Saturday, Dec 18, 2004

Kerala

Kerala

PCB told to issue fresh notification

By Our Staff Reporter

KOCHI, DEC. 17 . The Kerala High Court today directed the Kerala State Pollution Control Board (PCB) to issue a fresh notification prohibiting the use of plastic carry bags with a thickness of not less than 30 microns, after calling for objections from persons affected by such a notification.

Justice K. Balakrishnan Nair also ordered that the notification already issued by the PCB banning the use of carry bags of not less than 30 microns be treated as a draft notification. The directives were passed on a writ petition filed by the Ernakulam Merchants Union and others.

The Judge observed that a notification affecting the right of many persons like the petitioners should have been issued only after giving an opportunity to the affected parties to be heard. The statutory notification could not claim immunity from the principle of nature justice. The PCB notification was vitiated on the ground of denying opportunity to the affected to raise objection to the proposal. The court held the directive issued by the Government to the PCB to issue notification on plastic carry bags as illegal. The State Government had no power to issue such a directive to the PCB for issuing a notification. The notification on the use of carry bags was issued under the provision of the Recycled Plastics Manufacturing and Usage Rules.

The court upheld the Kochi Corporation's order prohibiting packaging of food articles by hotels and restaurants in plastic sheets. The fresh notification should be published in two months.

Senate poll

A Bench comprising the Chief Justice, B. Subhashan Reddy, and Justice Kurian Joseph today held that principals of unaided private colleges and self-financing colleges affiliated to the University of Kerala are entitled to participating in elections held to the Senate and to other organs of the university as it is in the case of principals of aided private colleges.

Dismissing appeals filed by the University of Kerala against a single judge's verdict in this regard, the court observed that the funding of a college is irrelevant. What is relevant is whether the college has secured affiliation to the university. The university acts do not differentiate colleges on the basis of the source of funding, it said. The court also held that students of all affiliated unaided and self-financing colleges are entitled to the same treatment as those of students of aided colleges.

Sex scandal case

The Special Public Prosecutor, P.C. Iype, today reiterated before Justice K. Padmanabhan Nair that there was corroborate evidence against the seven accused who had challenged the proceedings in the ice-cream parlour sex scandal case.

He said that a detailed investigation has been conducted by the police into the allegation of the involvement of the Industries Minister, P.K. Kunhalikutty, in the case. He read out the affidavits filed by the then Deputy Inspector General, Sekharan Miniyodan, and the then Inspector General, Jacob Punoose, before the Supreme Court. The affidavits said that there was no evidence to connect Mr. Kunhalikutty to the case. The Judge adjourned the hearing in the case to Monday.

School teachers

A Bench, comprising Justice K.S. Radhakrishnan and Justice M.N. Krishnan, held that those who have obtained post graduation degree through distance education, which was recognised by the universities, can apply for the posts of Higher Secondary School teachers.

It held that the rules relating to the services of higher secondary teachers do not make any distinction between the degrees obtained by distance education and by attending a regular course. The qualification for applying to the posts is a post graduate degree with B.Ed. degree.

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