Supreme Court Slams Delhi, Neighboring States Over Pollution Control Board Vacancies, Calls Them ‘Toothless’

Today(on 10th July),The Supreme Court criticized Delhi, Haryana, Uttar Pradesh, Rajasthan, and Punjab for widespread vacancies in their pollution control boards, deeming them ineffective. Justices AS Oka and Augustine George Masih emphasized urgent action, especially in Delhi where 233 out of 344 positions in the Pollution Control Committee remain unfilled.

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Supreme Court Slams Delhi, Neighboring States Over Pollution Control Board Vacancies, Calls Them 'Toothless'

NEW DELHI: Today(on 10th July), The Supreme Court expressed its dissatisfaction with the states of Delhi, Haryana, Uttar Pradesh, Rajasthan, and Punjab over the numerous vacancies in their pollution control boards. The court emphasized that these vacancies have rendered the boards “toothless” and demanded a detailed, time-bound plan to fill all vacant positions within three weeks.

A bench comprising Justices AS Oka and Augustine George Masih pointed out that Delhi was in the most alarming situation, with 233 out of 344 posts vacant in the Delhi Pollution Control Committee.

“It is lamentable that even in the Capital city, the pollution control body is barely operational with only one-third of its positions filled.”

-stated the bench.

The situation is not much better in other states. Haryana reported 202 vacancies out of 483 posts, Rajasthan had 476 out of 808, and Punjab showed 315 vacancies out of nearly 650 positions. Uttar Pradesh had 145 out of 732 posts vacant in its pollution control board.

The court directed the chief secretaries of these states to file an affidavit outlining a time-bound schedule for filling up all vacant posts and set August 20 for further consideration of the matter.

“It reflects a sorry state of affairs. While we have observed the situation in Rajasthan and Punjab regarding the filling of PCB posts, the condition in Delhi is the worst.”

-the bench remarked.

The justices underscored the critical need for these boards to function at full capacity, highlighting their vital statutory roles under the Environment Protection Act, Air Act, and Water Act.

“These authorities perform crucial statutory functions under acts like the Environment Protection Act, Air Act, and Water Act. With nearly one-third of positions vacant, these authorities risk becoming ineffective. Do the states intend for Pollution Control Boards to cease functioning?”

-the court questioned.

The court also criticized the practice of employing workers on a contractual basis at various levels in Delhi instead of making regular appointments.

“This practice should be discouraged.”

-the bench asserted.

Senior advocate Aparajita Singh, serving as amicus curiae, informed the court that except for Uttar Pradesh and Haryana, the vacancies in other states have remained unchanged over the past seven months. She referenced the state-wise vacancy figures submitted by the Central Pollution Control Board (CPCB) to the National Green Tribunal (NGT) in November of the previous year, which showed identical figures to the current ones.

In a recent Supreme Court hearing, Singh reported that no new measures have been taken to address the vacant positions in pollution control boards.

Singh mentioned-

“Punjab requested time to resume filling the posts after the conclusion of the Lok Sabha elections.”

This delay has raised concerns about the effectiveness of pollution control measures in the state.

Punjab’s Advocate-General Gurminder Singh informed the court-

“Selection processes for nearly 100 positions were in progress.”

However, this progress is still deemed insufficient considering the scale of vacancies.

The Supreme Court emphasized the necessity for the state pollution control body to function at full capacity to mitigate environmental harm. The court remarked that it was “shocking” that Rajasthan had only initiated a selection process for 56 posts.

Rajasthan’s representative explained that the selection for one of these posts was entangled in litigation before the Rajasthan High Court, but the Supreme Court dismissed this excuse. Instead, it issued a directive for all chief secretaries to file a personal affidavit within three weeks, outlining timelines for filling up all vacancies.

Previously, on April 22, the court had requested status reports from Delhi and neighboring states regarding pending vacancies.

Uttar Pradesh’s Additional Advocate General Garima Parshad reported-

“The number of vacancies has decreased from 325 in November to 145.”

indicating significant progress in the state.

A recent report by the Central Pollution Control Board (CPCB) highlighted the gravity of the situation, revealing that over 6,000 of the 11,969 Grade A, B, C, and D posts in pollution control boards across the country were vacant. This alarming statistic underscores the urgent need for comprehensive and expedited recruitment efforts to ensure the effectiveness of pollution control initiatives nationwide.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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