Supreme Court Dismisses PIL Seeking Creation Of Indian Environment Services As Part Of All India Services
The Supreme Court on Friday dismissed a PIL seeking mandamus for the creation of a separate Indian Environment Services as part of All India Services on the lines of Indian Administrative Services (IAS) and Indian Police Services (IPS). The above direction was sought in pursuance of the TSR Subramanian Committee Report. A Bench of Justices SK Kaul and AS Oka, observed that a...
The Supreme Court on Friday dismissed a PIL seeking mandamus for the creation of a separate Indian Environment Services as part of All India Services on the lines of Indian Administrative Services (IAS) and Indian Police Services (IPS). The above direction was sought in pursuance of the TSR Subramanian Committee Report.
A Bench of Justices SK Kaul and AS Oka, observed that a mandamus cannot be issued to create a service based on a committee's report.
Earlier, the counsel on behalf of the petitioners, initiated his arguments by pointing out that several high level committee reports, judgments by NGT and expert opinions have recommended the creation of a separate Indian Environment Service given the extremely serious threat to the environment.
At this point, Justice Kaul stopped the petitioner and asked - "how can a mandamus be issued to create a service?"
Justice Oka referred to the counter filed by the Union of India and said that the points brought to the notice of the court through the present petition had been taken into account by the Union. It is therefore now the government's prerogative and not for the court to interfere in such a matter.
On the issue being further pressed by the Petitioners, the court remarked "If you want to do political activity, go do it outside the courtroom. We will not allow that here… Who is stopping you from sending representations, writing letters…"
During the last hearing, the court had granted two weeks time to the Union of India to file its counter affidavit.
It is to be noted that the petitioner had stated in the present PIL that a High-Level Committee was constituted by the Union Ministry of Environment, Forests and Climate Change (MoEF&CC) under the chairmanship of Mr. TSR Subramanian to review the environmental laws in the country in order to bring them in line with current requirements which had recommended for the creation of a new All-India service as "Indian Environment Service"
The petition had also further stated that Environment, being such a complex, sensitive and interdisciplinary subject, requires efficient people with requisite qualifications and experience which can bring about stability in this sector.
(Case Title: Samar Vijay Singh vs Union of India, WP(C) 1137/2021)