IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5420 of 2009 ALOK KUMAR SINHA @ ALOK SINHA, SON OF LATE ANANT KUMAR SINHA, R/O HOUSE NO. 11, RD. NO. 3A, MOHALLA – INDRAPURI, P.O. KESHRINAGAR, P.S. – PATALIPUTRA, PATNA – 800 024 ………… PETITIONER Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, GOVT. OF INDIA, NEW DELHI, 2. THE SECRETARY, HEALTH & FAMILY WELFARE, GOVT. OF INDIA, NEW DELHI, 3. NATIONAL AIDS CONTROL ORGANIZATION THROUGH ITS DIRECTOR-GENERAL, MINISTRY OF HEALTH & FAMILY WELFARE, GOVT. OF INDIA, NEW DELHI, 4. THE ADDL. SECRETARY AND DIRECTOR-GENERAL, NATIONAL AIDS CONTROL ORGANIZATION, 36- CHANDRALOK BLDG., 9-JANPATH, NEW DELHI- 100001. 5. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA, 6. THE SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA, 7. THE SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT. OF BIHAR, PATNA AND 8. BIHAR STATE AIDS CONTROL SOCIETY THROUGH ITS PROJECT DIRECTOR, SIHFW BLDG., SHEIKHPURA, PATNA – 800 014. ………………………. RESPONDENTS. ----------- 18. 23.06.2010. Heard learned counsel for the parties. This Public Interest Litigation relates to functioning of Bihar State AIDS Control Society (for short `the Society’). According to the petitioner, this Society is lagging behind and not keeping pace with the 2 requirements of the National Body known as National AIDS Control Organization (for short `the NACO’). The Phase III programme set up by the National Body was allegedly not being implemented in Bihar. The petitioner also raised grievance that the Society was mismanaging its funds and was not having appropriate personnel to take care of its onerous duty to contain the dreaded disease of AIDS in this State. It appears from the order sheets that several orders were passed by this Court; as a result even the petitioner admits that there has been some improvement in the working of the aforesaid Society. According to the petitioner, further improvement is required, particularly, to spread awareness so that infected cases may be detected without delay and treatment may be provided to such persons especially if they belong to marginalized section of society. From the counter affidavits it transpires that now the State of Bihar has paid attention to the working of the Society and it is expected that it shall now meet the standards set out by the National Body in all respects, 3 particularly, in the matter of spreading awareness which alone can lead to detection of affected persons, if they submit themselves for testing. Learned counsel for the petitioner has emphasised that there should be regular annual audit of the funds of the Bihar State AIDS Control Society as well as of its achievements so that proper utilization of funds is ensured and the standard of working of the Society is maintained. Ultimately the working of the Society has to be the responsibility of the National Body as well as the State Government. It is expected that both shall work in unison and coordination so that Bihar State AIDS Control Society does not suffer from want of committed personnel or funds and performs well to achieve the objectives and standards set out by the National Body. It is particularly observed on the basis of the averments made in the counter affidavit of NACO that National Level Seminar for spreading awareness in respect of AIDS should be organized by all the stake holders with the cooperation of the State Government at the earliest preferably within four months. Since the parties are now aware of their 4 responsibilities, it is expected that they shall carry forward the required work to contain spread of the dreaded disease known as `AIDS’ in the State of Bihar. With this hope and observation, this writ petition is finally disposed of. Liberty is given to the petitioner or to the NACO to mention this matter again for reopening if it is found that the Bihar State AIDS Control Society is again lagging behind and is not able to achieve its target. Dilip ( R.M. Doshit, C.J. ) ( Shiva Kirti Singh, J. )