ORDER :

1. We have heard learned counsel for the parties at length.

2. We need not advert to the settled position of law that the right to health, including access to basic medical infrastructure, is a facet of Article 21 of the Constitution of India, which the State is duty-bound to provide.

3. Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. The government hospitals run by the State and the medical officers employed therein are duty-bound to extend medical assistance for preserving human life. Failure on the part of a government hospital to provide timely medical treatment to a person in need of such treatment results in a violation of his right to life guaranteed under Article 21. [Paschim Banga Khet Mazdoor Samity v. State of W.B., (1996) 4 SCC 37]

4. The Hon'ble Apex Court in Union of India Versus Mool Chand Kharaiti Ram Trust, (2018) 8 SCC 321, reiterated the constitutional duty to develop "humanism" as envisaged under Article 51-A(h) applicable to the medical profession.

5. The Constitution Bench of the Hon'ble Apex Court in Common Cause (A Registered Society) Versus Union of India and another, (2018) 5 SCC 1, reiterated that when it comes to interpretation of fundamental rights, the Court has to adopt a liberal, dynamic, extensive and interpretative approach and needless to add the right to life has to be with dignity is a settled principles of law.

6. Since the onset of the first wave of current Pandemic Corona Virus Disease-19 (Covid-19), this Court has been monitoring the position within the State of Bihar in several petitions filed in the public interest. With the normalisation of the situation at the ground level and the State taking stand of the subject matter covering all the issues pending consideration before Hon'ble the Supreme Court, desired such proceedings to be closed. Resultantly, six such petitions1, came up for hearing before this Court on 26.11.2020, when the following common order was passed :-

"Learned counsel brings it to our notice that Hon'ble the Supreme Court is now seized with the matter and on pan India basis, comprehensively dealing with the issues, perhaps subject matter of the present lis, arising out of the current Pandemic [Covid-19].

2. In April 2020, a young Law student approached this Court seeking specific direction, protecting the interest of persons handling Corona (COVID-19) as also ensuring the creation of infrastructure dealing with the crisis. Subsequently, other persons filed petitions which were tagged to be heard together.

3. At this stage, learned Advocate General states that he shall ascertain the issues involved in the matters pending before Hon'ble the Supreme Court and apprise the Court, also assist as to whether these petitions should be pursued any further or not.

4. Otherwise learned Advocate General informs that in Bihar, the rate for conducting the tests for the Pandemic Covid-19 has increased substantially. Now on an average, 1.2 lac persons are being tested daily.

5. On the other hand, while seriously not disputing such position, Shri Dinu Kumar, learned counsel appearing for one of the writ-petitioners, informs that the Medical Institutions, specified to deal with Covid-19, are lacking in infrastructure. Illustratively, he mentions that C.T. Scan Machines are either not installed or not fully functional/operational, be it for whatever reason.

6. Well, at this stage, we refrain from dealing with such issues any further, save and except observing that the biggest challenge before the Government is to change the mindset of the people of Bihar and break the myth amongst the local populace that- "Bihar Corona ko Khaa Gava Hai."

7. Bihar is a highly populated State. Nearly 1/10th (approximately) of India lives here, with the highest population density. As such, various directions issued, policies framed and programmes propagated by the Central Government and the State Governmen