Order of the Supreme Court of India regarding norms and guidelines for the appointment of Chairpersons, Member Secretaries and Members of the SPCBs, 30/01/2023
Order of the Supreme Court of India in the matter of Amitabh Srivastava Vs Rajendra Kumar Tiwari and Others dated 30/01/2023.
The matter related to framing of appropriate norms and guidelines spelling out qualifications and relevant experience as eligibility conditions for the recruitment of Chairpersons, Member Secretaries and Members of the State Pollution Control Boards (SPCBs) under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention And Control Of Pollution) Act, 1981 and other cognate enactments.
Senior counsel, Sanjay Hegde said that states like Manipur and Mizoram had "allowed recruitment and appointment of unqualified individuals who cannot be characterised as competent or experienced".
The SC was of the opinion that given the limitations and constraints of contempt proceedings, it would not be appropriate to continue monitoring the matter. The SC opined that the states of Mizoram and Manipur should take suitable corrective steps to change or amend the rules so as to reflect the need to have qualified and experienced personnel who can man the post of Chairperson, Member Secretaries and Members of the State Pollution Control Boards (SPCBs) under the Water Act, 1974, Air Act, 1981 and other cognate enactments.
The SC in its judgment of 2018 had directed the executive in all the states to frame appropriate guidelines for recruitment of rules within six months - as any damage to the environment could be permanent and irreversible or at least long lasting.