1. Heard in part.

2. This writ petition is filed by a father who lost his daughter. The petitioner's daughter was suspected of Leukemia and was being treated at the Medical College Hospital, Alappuzha before being referred to the Regional Cancer Centre, Trivandrum. The undisputed fact shows that there were 49 blood transfusions on the petitioner's daughter and one of the reports suggested that one of the donors had turned HIV Positive. At the beginning of the treatment, the petitioner's daughter was HIV Negative but was infected later and shown as HIV Positive. This admittedly happened during the course of the treatment.

3. The affidavit filed on behalf of the Government shows that the testing technology that was employed at that time was not adequate to promptly detect the infection of the donor for the reason that, there was a window period of 4 to 8 weeks before it was possible to detect infection.

4. In the light of the undisputed facts noted above, the Chief Secretary or the Principal Secretary of Health, Government of Kerala is directed to file an affidavit, after consultation at the highest level, as to whether the State intends to compensate the petitioner for the unfortunate