Supreme Court Sets Deadline For NCR States To Fill PCB Vacancies, Asks CAQM About Steps To Address Delhi Air Pollution In Upcoming Winter

The Supreme Court on Tuesday (August 27) directed that all vacancies in the State Pollution Control Boards (PCBs) of National Capital Region (NCR) states must be filled by April 30, 2025.

“We make it clear that all States have to endeavour to fill in the important posts urgently. Under no circumstances, we are going to grant them time for filling in all the vacancies beyond 30th April, 2025. The States of Rajasthan, Punjab, NCT of Delhi, Uttar Pradesh and Haryana will address the issue of filling in substantial vacancies in the State Pollution Control Boards on urgent basis and the outer limit therefor. These States will endeavour to fill in the vacant posts, which are required to be filled in by directing recruitment, within a period of two months from today”, the Court stated.

A bench of Justice Abhay Oka and Justice Augustine George Masih also directed the Chairperson of the Commission for Air Quality Management (CAQM) to appear via video conference at the next hearing to explain the steps CAQM intends to take to address upcoming pollution issues, especially due to stubble burning.

“Today, the situation is that due to a large number of vacant posts in the State Pollution Control Boards, the said Boards have become ineffective for all purposes. Now, the question is what steps the Commission proposes to take. The issue is of a very urgent nature as the State Pollution Control Boards, who have more than sufficient powers to take steps for controlling pollution, are virtually defunct. We, therefore, direct the Chairperson of the Commission to remain present through video conference on the next date and explain to us what steps the Commission proposes to take”, the Court stated.

The Court also directed the Chairperson also address the Court on steps taken under Section 12(6)(c) of the CAQM Act, which specifies the Commission's duties to create a framework for identifying air pollutants, implementing on-ground pollution control measures, conducting research, coordinating efforts among stakeholders, networking with technical institutions, fostering international cooperation, and training a specialized workforce to address air pollution in the NCR and adjoining areas.

In the previous hearing on July 10, the Court had criticized the Delhi Government for employing contractual employees instead of making regular appointments to the state PCB. The bench had directed the Chief Secretaries of Rajasthan, Punjab, Delhi, Haryana, and Uttar Pradesh to file affidavits outlining a time-bound schedule for filling all vacancies.

On Tuesday, the Court reviewed the compliance reports regarding the filling of vacant posts in the respective state PCBs and set an outer limit of April 30, 2025, for all vacancies to be filled.

The Court noted that there are 395 vacant posts out of 808 in Rajasthan, 204 vacancies out of 344 sanctioned posts in Delhi, 344 vacancies in Uttar Pradesh, and 173 vacant positions in Haryana. The counsel for Punjab said that all vacant positions will be filled by December 31 of this year.

During the hearing, amicus curiae Aparajita Singh raised concerns about the pollution in NCR in the coming winter, especially without adequate manpower to implement pollution control measures.

She emphasized that the Act provides a framework for addressing the challenges associated with air pollution, which includes setting up various Sub-Committees as per Section 11 of the Act. The Court noted that Section 11(3) of the 2021 Act provides for the formation of a Sub-Committee on Safeguarding and Enforcement.

Justice Oka orally remarked, “This is a sad situation that almost all authorities are not functional.”

The Supreme Court listed the matter for further hearing on September 2, 2024, and allowed the Chairperson of CAQM to file an affidavit indicating the steps CAQM proposes to take in line with the provisions of the 2021 Act.

Case no. – WP (C) No. 13029/1985

Case Title – MC Mehta v. Union of India and Ors., In Re: Number of Vacant Posts in Statutory Pollution Control Boards of Various States

Citation : 2024 LiveLaw (SC) 619