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PIL Seeking Incorporation Of Indian Environment Services As A Part Of All India Services: Dismissed by Supreme Court

Issue

The formation of a distinct Indian Environment Services as part of All India Services, along the lines of the Indian Administrative Services and Indian Police Services, was the subject of a PIL that the Supreme Court rejected on Friday.

Facts of the Case

The Supreme Court rejected the PIL that asked for a mandamus to be issued to create a distinct Indian Environment Services as part of All India Services, similar to the Indian Administrative Services and Indian Police Services, which was following the TSR Subramanian Committee Report.

The petition went on to say that because the environment is such a complicated and delicate issue, it needs effective personnel with the necessary training and expertise to promote stability in this industry.

Arguments

The petitioners’ attorney began his defence by noting that several high-level committee reports, NGT rulings, and expert opinions have suggested the establishment of a distinct Indian Environment Service, given the grave environmental hazard.

Reasoning

Justice Oka referred to the counter-petition submitted by the Union of India and stated that the Union has taken into consideration the matters the present petition brought to the court’s attention. Therefore, it is now the government’s right to intervene in such a situation, not the court’s. The judge made a comment on the subject that the petitioners were pressing further “Go engage in political activity somewhere if you want to, not within the courthouse. That is not permitted here… Who is preventing you from mailing letters or making representations?”

Judgment

The creation of a service based on the recommendations of a committee cannot be ordered by mandamus, according to the bench of justices.

Provisions used in the case

Article 226 of the Indian Constitution – Mandamus Writ of Mandamus

Case

Written By – Nikita Shankar

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