Patna High Court encourages the State to consider appointing a Nodal Officer to deal with the Pandemic

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Patna High Court encouraged the State to consider appointing a Nodal Officer to deal with the pandemic. Adv. Parul Prasad filed a PIL to take forward NITI Aayog’s suggestion of the same, and the High Court passed the order.

Brief Facts of the Case

Mr Prasad made a prayer to the State Government to follow the guidelines of NITI Aayog. He contended that every citizen must have a chance to work with the state administration. Everyone owes a duty to provide shelter and food to those most affected by the lockdown in the country.

Court’s Observation 

Chief Justice Sanjay Karol and J. S Kumar of the division bench referred to the relevant constitutional provisions. The fundamental duties and the Directive Principles of the State both apply here. 

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They observed that we cannot undermine the role of civil society in helping the less fortunate. Public and private participation of good samaritans to overcome natural disasters is not alien to the culture of our country. 

Held

The Court suggested that the officer appointed under the Bihar Epidemic Diseases regulations could serve as Nodal Officer. The State Government can decide its own procedure in this regard. 

It opined that using technology for monitoring these problems would benefit everyone. A website at the state government level would serve the purpose. 

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Yet, the state government told the court that it was not obliged to follow the NITI Aayog guidelines. The State functioned according to its mechanisms adopted by way of regulations. The Court signed off with the hope that the state government will consider at least a part of the order.


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