SETS 6 MONTHS DEADLINE n Says NGT does not have jurisdiction to interfere with appointments
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PANAJI
The Supreme Court on Friday directed all State governments to frame appropriate guidelines or recruitment rules within six months to ensure that ensure that suitable professionals and experts are appointed as chairpersons and members of their respective State Pollution Control Boards (SPCBs).
The SC also held that the National Green Tribunal (NGT) does not have jurisdiction to interfere with these appointments to SPCBs.
SC Justices Madan B Lokur and Deepak Gupta noted that the NGT Principal Bench, New Delhi judgment and order dated August 24, 2016 sprung from its anxiety to protect the environment.
The SC bench also rapped the State governments for the failure to appoint professional and experienced persons to key positions in the SPCBs. It was observed that this failure could result in ineffective implementation of the Water Act and the Air Act.
"But the seminal issue is really whether the NGT could at all have entertained a claim of the nature that was raised...it would have been more appropriate for the NGT to have required the claimant to approach a constitutional court for the relief prayed for in the original application. To this extent therefore, the direction given by NGT must be set aside as being without jurisdiction," SC judgment reads.
It said that the concern was not lack of professional expertise as there was plenty available in the country, but lack of "dedication and willingness to take advantage of the resources available and instead benefit someone close to the powers that be".
"With this couldn't-care-less attitude, the environment and public trust are immediate casualties. It is unlikely that with such an attitude, any substantive effort can be made to tackle issues of environment degradation and pollution", the bench said.
Meanwhile, public spirited individuals can move High Courts for issuance of a writ of quo warranto, if any unqualified person is appointed as a chairperson or a member of any SPCB.
SC ORDER: IN BLACK & WHITE
All States should frame appropriate guidelines within six months and ensure that suitable professionals and experts are appointed to SPCBs
Failure to appoint professional & experienced persons to key positions in SPCBs could result in ineffective implementation of Water & Air Act
Concern was not lack of professional expertise as there was plenty available in the country, but lack of ‘dedication and willingness to take advantage of the resources available'
With this couldn't-care-less attitude, the environment and public trust are the immediate casualties
