PCB vacancies to be filled in 3 months: SC tells UP, Punjab, Haryana and Rajasthan

The Supreme Court has directed the states of Uttar Pradesh, Haryana, Punjab and Rajasthan to fill all the vacancies in its Pollution Control Boards within a span of three months.

A bench of CJI BR Gavai and Justice Vinod K Chandran issued the said direction today while also directing the Commission for Air Quality Management (CAQM) and the Central Pollution Control Board (CPCB) to fill up their vacancies.

In view of the vacancies of promotional posts, the bench has granted six months to the statutory bodies.

Additional Solicitor General Aishwarya Bhati informed the bench that promotional post were also vacant and it would take some time to fill them up. 

Notably, the court has also suggested the introduction of penal provisions to punish farmers who burn stubble. When Additional Solicitor General Aishwarya Bhati told the CJI Gavai led bench that "Provisions are there under the CAQM Act...ultimately it comes down to implementation..erring officers can be punished..", the CJI went on to clarify, "Forget erring officers...why dont you consider a penal provision for agriculturists..".

ASG Bhati told the bench that it was hardly ever a nation's policy to punish its farmers. "Give them carrot but have a stick also...farmers are at our heart..but consider this..", the CJI said to this. Pressing on the issue, the bench also comprising Justice Vinod Chandran added, "YOU CONSIDER THIS OTHERWISE WE WILL ISSUE A MANDAMUS..".

In May this year, Supreme Court had issued contempt notices to the Chief Secretaries of Delhi, Uttar Pradesh, Rajasthan, and Haryana for failing to comply with its earlier orders to fill vacancies in Pollution Control Boards. "We are of the view that the States of Haryana, Rajasthan, Uttar Pradesh, and Delhi have wilfully breached the order dated 24 August 2024. All the posts ought to have been filled by the end of April. ...We therefore direct that notices of contempt shall be issued to the Chief Secretaries of Haryana, Rajasthan, and Delhi. The notices shall call upon the Chief Secretaries to show cause why they should not be punished under the Contempt of Courts Act, 1971...," the court had directed.

Highlighting the fact that the Delhi Pollution Control Committee has more than 50% vacancies, the Court had directed the Chief Secretary of Delhi to appear in person.

Noting that 21% of posts in the Central Pollution Control Board were lying vacant, the court directed, "All vacant posts shall be filled by the end of August 2025, and an affidavit of compliance shall be filed by the Union of India by the same date."

Pointing out that Pollution Control Boards need modern equipment, the court had asked CAQM to suggest measures for equipping Boards with modern equipment and techniques. It further added that without these upgrades, it would be very difficult for them to discharge their duties.

Court had also said that although CAQM's performance may not have been up to the mark earlier, it has definitely improved its performance over the past few months. The Court, therefore, directed the Union of India to ensure that all vacancies are filled by the end of August 2025. Taking note of a detailed note submitted by the Central Pollution Control Board, the court said," .....The note reveals that almost all states have vacancies. In Jharkhand, 91% of the posts are vacant; in Bihar, the figure stands at 90%. Several other states have vacancy levels exceeding 60%. There are also vacancies in Union Territories like Jammu & Kashmir, Andaman & Nicobar Islands, and Puducherry. We direct all State Pollution Control Boards to ensure that all vacancies are filled by the end of September 2025......"

Case Title: MC Mehta vs. Union of India

Bench: CJI Gavai and Justice Chandran

Hearing Date: September 17, 2025