The National Green Tribunal (NGT) has directed that the State/UT not covered by the order of the Supreme Court will also fill up posts lying vacant in State Pollution Control Boards (SPCBs)/ Pollution Control Committees (PCCs) latest by April 2025.
The Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr A. Senthil Vel considered the issue of filling up vacant posts in SPCBs/PCCs and the Central Pollution Control Board (CPCB) and also creation of adequate infrastructure therein.
The reports by various States and Union Territories (UTs) have been filed and the vacancy position has been tabulated by the CPCB in its report dated 05.09.2024.
It is noted by the Bench that a large number of posts are lying vacant in various SPCB/PCCs for long, which is affecting their function and consequential lapses in monitoring.
The Counsel for the GNCTD (Government of the National Capital Territory of Delhi) has pointed out that the issue of filling up of vacant posts in the States of Rajasthan, Punjab, NCT of Delhi, Uttar Pradesh and Haryana falling in the National Capital Region (NCR) is under consideration before the Supreme Court in Writ Petition(s) (Civil) No(s). 13029/1985, wherein the Hon’ble Supreme Court on 27.08.2024 has fixed the outer time limit for filling in all the vacancies by 30.04.2025. The order of the Hon’ble Supreme Court dated 27.08.2024 in Writ Petition(s) (Civil) No(s). 13029/1985 is as under:
“We have perused the compliance reported by the States of Rajasthan, Punjab, NCT of Delhi, Uttar Pradesh and Haryana which are States falling in the National Capital Region.
These States were called upon to file compliance affidavits regarding filling in the vacant posts in the respective State Pollution Control Boards. A substantial number of posts are vacant in relation to these five States. Initially, we were inclined to grant an outer limit till 31st March, 2025, to fill in all the vacant posts. However, Ms. Aparajita Singh, learned Senior Advocate appointed as Amicus Curiae, is right when she pointed out that very soon the issue of stubble burning and pollution will arise. She invited our attention to the provisions of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 (for short, “the 2021 Act”). The object of establishing the Commission for Air Quality Management in National Capital Region and Adjoining Areas (for short, “the Commission”) under Section 3 of the 2021 Act is for better coordination, research, identification and resolution of problems surrounding the air quality index and for matters connected therewith or incidental thereto.
Our attention is also invited by the learned Amicus Curiae to Section 11 of the 2021 Act which provides for constitution of Sub Committees including a Sub-Committee on Safeguarding and Enforcement. The constitution of the Sub-Committee on Safeguarding and Enforcement has been laid down in sub-Section (3) of Section 11 of the 2021 Act.
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. Our attention is also invited to clause (c) of sub-Section (6) of Section 12 of the 2021 Act. The Chairperson of the Commission will have to address the Court on this aspect also.
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. However, a specific statement shall be made by these States on the next date.
It will be open for the Chairperson of the Commission to file an affidavit indicating the steps which the Commission proposes to take in terms of the provisions of the 2021 Act.
List on 2nd September, 2024.”
Though from that order the Court noted that the direction of the Supreme Court is to all the States to fill up the vacancies of PCBs/PCCs by 30.04.2025 but since Counsel for GNCTD has submitted that the said direction applies to the States falling within NCR, therefore, the NGT directed that the State/UT not covered by the order of the Hon’ble Supreme Court dated 27.08.2024 will also fill up the posts lying vacant in the SPCBs/PCCs latest by 30.04.2025. All the possible efforts will also be made within this period to provide adequate infrastructure in the laboratories of the PCBs/PCCs and to make them fully functional.
The NGT also take note of the fact that in some of the States/UTs the adequate number of laboratories do not exist, therefore, expeditious steps will be taken to cure it.
Let the progress report indicating the compliance of this order be filed by all the States/UTs by way of an affidavit by providing an advance copy to the Counsel for the CPCB at least one week before the next date of hearing, the NGT directed listing the matter on 09.01.2025.