- (1.) We have heard learned counsel for the petitioner. Learned standing counsel appears for the State respondents.
(2.) On 28.02.2013, we passed the following order:- "By this writ petition the petitioner has prayed for directions to the respondents for providing financial help for surgical procedure in inserting Stent as advised by Dr. B.K. Singh of B.K. Heart Hospital Private Limited, Varanasi to save her life. The petitioner approached the District Magistrate,Sonebhadra for financial help. The Chief Medical Superintendent, District Hospital, Sonebhadra, on the request made by the District Magistrate, has verified the estimate prepared by B.K. Heart Hospital, Varanasi of Rs. 2, 25,000/- for surgical procedure. The petitioner has relied upon an order passed by this Court in Civil Misc. Writ Petition No. 14851 of 2009 (Saurabh Soni (Minor) through his mother vs. State of UP and others) decided on 30.3.2009, in which this Court directed considering the right of the petitioner on the facts of that case to save his life for operation free of cost from any Medical College or Hospital run by the State Government. Learned counsel appearing for the petitioner prays for and is allowed three days time to give the names of the Medical College or Government hospital in the State of UP in which such surgical procedure of Stenting is performed. Learned Standing Counsel is also directed to provide the guidelines for giving aid in such cases from the Chief Minister's Relief Fund. Put up on 5.3.2013 in the additional cause list. A copy of the order be given to Chief Standing Counsel by tomorrow".
(3.) Article 21 of the Constitution of India, guarantees that the person shall be deprived of his life and liberty except in accordance to the procedure established by law. The Supreme Court of India has in Parmanand Katara Vs. Union of India, 1989 4 SCC 286; State of Punjab Vs. Mohinder Singh Chawla, 1997 2 SCC 83; State of Punjab Vs. Ram Lobhaya Bagga, 1998 4 SCC 117; and Paschim Banga Khet Mazdoor Samiti Vs. State of W.B. , held that:- The right of a citizen to live under Article 21 casts obligation on the State. This obligation is further reinforced under Article 47. It is for the State to secure health to its citizen as its primary duty. No doubt the Government is rendering this obligation by opening government hospitals and health centres, but in order to make it meaningful, it has to be within the reach of its people, ... Since it is one of the most sacrosanct and valuable rights of a citizen and equally sacrosanct sacred obligation of the State, every citizen of this welfare State looks towards the State for it to perform it's obligation with top priority including by way of allocation of sufficient funds.;