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The Supreme Court on Tuesday directed Delhi and other states in the national capital region (NCR) to fill vacant posts in state pollution boards by April 2025, emphasising the “very urgent” necessity for the same to fight pollution.
A bench, headed by justice AS Oka, directed the Commission for Air Quality Management (CAQM) for Delhi and NCR cities to come up with steps to be taken ahead of the onset of winter, when stubble burning and pollution from other sources worsen Delhi’s air quality. The court requested the chairman of the CAQM to file an affidavit in this regard and attend the next hearing, on September 2, virtually.
The court issued the directions while hearing a petition filed by MC Mehta in 1985, seeking steps to improve Delhi’s air quality.
The bench, also comprising justice Augustine George Masih, said, “Due to high vacancies, the said boards are ineffective. The issue is of very urgent nature as state pollution control boards, that have vast powers to control pollution, are virtually defunct.”
In Delhi, 204 of the 344 sanctioned posts were found vacant, while it was 394 of 808 in Rajasthan and 344 of 732 in Uttar Pradesh. The court noted that Haryana and Punjab also had a marked number of vacancies.
Most states informed the bench that they needed time to fill promotional posts by December 2025, whereas Rajasthan sought additional time of two years to achieve full strength.
The bench said, “All states have to endeavour to fill in important posts (in state pollution bodies) urgently. Under no circumstance, we are going to grant time for filling up vacancies beyond April 30, 2025.”
Senior advocate Aparajita Singh, assisting the court as amicus curiae, said that April 2025 was too long a period as Delhi will again have to bear the brunt of severe pollution this winter. She suggested roping in CAQM to come up with immediate solutions as it has vast powers under the CAQM Act, 2021, and holding meetings with secretaries of Delhi and NCR states.
CAQM counsel senior advocate Ruchi Kohli informed the bench that the commission has been taking steps from time to time by directing states to take action.
The bench said, “We do not think that your jurisdiction is confined to advisory jurisdiction. It is open to chairman, CAQM to file affidavit on the steps to be taken.”
Meanwhile, the bench also directed the states to inform within a week on setting an outer limit for filling up all existing vacancies along with timelines and directed all direct recruitments to be held within two months.