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2020 Supreme(Pat) 445

SANJAY KAROL, S. KUMAR
Parul Prasad – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Respondents: Mr. K.N. Singh, Mr. S.D. Sanjay, Mr. P.N. Shahi, Mr. Patanjali Rishi, Mr. Ratnesh Kumar.

JUDGMENT :

SANJAY KAROL, J.

1. Two issues arise for consideration of this Court:

    (1) Whether guidelines of the NITI Aayog to the Chief Secretaries of the State governments are in nature of advisory communication or did it make it mandatory on the State government to engage CSOs/NGOs/voluntary organizations into the realm of relief operations?

(2) Whether the civil society organizations have a right to be involved in relief operations during the times of crisis and disaster management, for ensuring the reach of relief to each needy person, especially in light of the Covid-19 response strategies issued by the international organizations, including the WHO and endorsed by the United Nations?

Facts and Procedural History

2. On April 22, 2020, Learned advocate Ms. Parul Prasad, by way of the present Public Interest Litigation, brought to this Court's notice the issue of the rights of Civil Society Organizations (CSOs) and Non-Government Organizations (NGOs) to aid and supplement the efforts of the State in providing relief to the needy during the pandemic.

3. The petitioner submitted that due to the sheer size and population of the State of Bihar, even with the State government's continued eff

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