The State Administration has a duty to be vigilant and responsive in addressing unforeseen incidents and epidemics, and to provide adequate healthcare facilities to its citizens.

( 1 ) THIS public interest litigation has been brought by the petitioner who is a Member of Parliament and President of the District Congress Committee of Murshidabad District within the State of West Bengal.

( 2 ) THIS writ petition relates to death of several children for an unknown cause mainly in the Lalgola and Jangipur Block of Murshidabad District during the period of May 14, 2003 to June 14, 2003. According to the petitioner about 95 persons died during the said period whereas respondent authorities disputed such fact. However, the respondent authorities admitted that about 19 deaths occurred for the said unknown disease during the said period in the State Hospitals. The State also admitted that there might have been more deaths within the village who did not approach the Governmental Agency for treatment.

( 3 ) INITIALLY, we directed affidavits to be filed so that the State Authority could justify their conduct. Accordingly, affidavit-in-opposition was filed by the State through the Chief Medical Officer of Health, Murshidabad. The brief facts of the State version are as follows: in the middle of May, 2003 children with history of febrile convulsion, respiratory tract infection (RTI), Broncho Pneumonia, diarrhea were admitted to different State Hospitals in the District. The doctors immediately gave proper treatment. However, there had been deaths occurred in some cases as those patents were brought to the hospital almost in dying condition. On June 2, 2003 the information as to the said unknown disease was given by one female health assistant of Lalbagh Block to the Block Medical Officer. Immediately steps were taken. Medical team was sent to the affected areas. The medical team could not find out the actual cause of the disease. The blood samples, throat swab and CSF were collected from various patients and were sent to the National Laboratory at Pune and Delhi as well as to the School of Tropical Medicine, Kolkata. After investigation it transpires that the cause of the said disease was due to Influenza B virus as per the report received from the New Delhi on 25th June, 2003. The investigation caused by the medical team during period 11th June, 2003 to June 15, 2003 also revealed that the said disease was due to influenza B virus. In the said detailed report it transpires that 45 deaths toll took place out of the said disease and the death took pick during May 28, 2003 to June 3, 2003. The said calamity subsided on or about June 14, 2003 as per the graph drawn in the said report.

( 4 ) FROM the study of the different medical reports annexed to the affidavit-in-opposition it transpires that the said virus was due to the strip rise of temperature during the said period. However, by 14/15th June, 2003 it evaporated in normal course as monsoon by this time must have come.

( 5 ) IN course to hearing the learned Advocate General in his usual fairness admitted that the State had no sufficient infrastructure to get information about the said disease immediately from the said local villages unless and until those were reported at the District level which was done by a lady doctor on June 3, 2003. According to Mr. Roy immediately on receipt of such information State sent a medical team to the affected villages and the situation was brought under control.

( 6 ) MR. Ashis Sanyal, learned counsel appearing for the petitioners, submitted that Panchayat election which resulted in a great set back for the ruling party in the said District immediately preceded the calamity and as such the State Administration did not care to rise to the occasion immediately. Mr. Sanyal further rcontended that the families of the diseased must be compensated properly.

( 7 ) WE are unable to agree with the first submission of Mr. Sanyal. Until and unless there is concrete proof it is difficult to belief that a State Administration can take revengeful attitude and would allow the children to die because of the result of the P