The Supreme Court has issued contempt notices to the Chief Secretaries of Delhi, Uttar Pradesh, Haryana, and Rajasthan for wilfully violating its August 27, 2024, order directing that all vacancies in their respective Pollution Control Boards (PCBs) and Committees be filled by April 30, 2025.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan expressed serious concern over the inaction and directed the Chief Secretary of Delhi to appear in person on May 19, 2025.

The appearance of the other Chief Secretaries has been exempted for now, with notices returnable on July 18, 2025. The Court clarified that failure to comply with the directions by these dates would amount to aggravated contempt under the Contempt of Courts Act, 1971.

Rejecting Delhi’s request for virtual appearance or affidavit filing, Justice Oka remarked, “Let him come physically,” highlighting repeated failures by the Delhi administration. He added, with sarcasm, that the Registry may soon have to allot a room in court for the Chief Secretary if this "lacklustre attitude" continues.

The Court noted a “very sorry state of affairs” in the NCR states:

• Delhi: 55% of DPCC posts vacant

• Haryana: 35% posts vacant

• Rajasthan: 45% posts vacant (though recruitment for 164 posts has begun)

• Uttar Pradesh: 45% posts vacant

Expressing shock that the Delhi Pollution Control Committee (DPCC) is “virtually defunct” despite the city’s chronic air pollution crisis, the Court emphasized that PCBs are crucial statutory bodies under environmental laws. Since 1985, several directions have been issued by the Court to curb pollution in the NCR, but vacancies persist.

On Haryana’s claim that suitable candidates are unavailable, the Court clarified that recruitment should not be restricted to residents of the state and recommended revisiting recruitment rules to fill vacancies efficiently. It also criticized states for relying heavily on promotions to fill key posts.

In a lighter remark, Justice Oka commented that since the Central Government already controls the Delhi Police and other services, “it might as well take over the pollution board too.”

The Court also turned its attention to the Central Pollution Control Board (CPCB), noting a 21% vacancy rate. It directed the Union government to fill all CPCB posts by August 31, 2025, and file a compliance affidavit by month-end.

Furthermore, the Commission for Air Quality Management (CAQM) was tasked with conducting a comprehensive review of state PCBs and Committees, especially regarding outdated technology and equipment. CAQM must submit its report and recommendations by July 2025, following which states must act to modernize their infrastructure.

Amicus Curiae Aparajita Singh informed the Court that CAQM itself has a 66% vacancy rate (37 out of 56 posts). The Court directed that CAQM fill all vacancies by August 2025, noting recent improvements in its performance but emphasizing that such high vacancy levels are unsustainable.

CPCB also reported alarming vacancy rates in other states:

• Bihar: 90% posts vacant

• Several other states: over 60% vacancies

• Union Territories: Similar concerns in Andaman and Nicobar Islands, Chandigarh, and J&K

The Court directed all State Pollution Control Boards to fill remaining vacancies by September 30, 2025.

The matter arises from the long-standing environmental case MC Mehta v. Union of India & Ors. (WP (C) No. 13029/1985). On July 10, 2024, the Court had criticized Delhi for filling critical posts in the DPCC with contractual staff instead of making regular appointments, noting that 233 out of 344 sanctioned posts were vacant.