MTP facility approval applications must be considered under the prescribed procedure, with decisions communicated within six weeks.

The petitioners, who operate a 20-bed hospital in Nelamangala, applied for approval of the hospital as a place for carrying out medical termination of pregnancy (MTP).

They stated that they submitted an online application on 25 January 2024 and supporting documents on 27 February 2024; a representation seeking consideration followed on 25 October 2024.

The second respondent had inspected the hospital and seized its operation register, and criminal proceedings were initiated against the petitioners for alleged MTP Act violations.

Those proceedings were being challenged separately, with further proceedings stayed.

The petitioners sought a direction requiring the authority to consider their application and issue the approval certificate.

1. Whether the competent authority should be directed to consider the petitioners’ pending application for approval of their hospital under the MTP Act and Rules

2. Whether the pending criminal proceedings concerning alleged MTP Act violations should affect consideration of the approval application in this writ petition

Section 4 of the Medical Termination of Pregnancy Act, 1971 provides that an MTP may be carried out only at a government-established or maintained hospital, or at a place approved by the Government or the District Level Committee.

Rule 5(8) of the Medical Termination of Pregnancy Rules, 2003 requires inspection of the proposed place within two months of receipt of the application; the certificate may be issued within the next two months, or, where deficiencies are identified, within two months after their rectification.

Approval remains subject to compliance with the statutory requirements.

The petitioners’ application, supporting documents and subsequent representation had not been considered, while Rule 5(8) sets out a procedure and time frame for inspection and processing an application.

The State’s counsel submitted that the application and representation would be considered in accordance with the Act and Rules.

The Court therefore directed the competent authority to take up the materials and follow the prescribed procedure.

It did not determine the merits of the approval claim, and it treated the validity of the separate criminal proceedings as outside the scope of this petition.

The authority was directed to communicate its decision to the petitioners within six weeks.

The Court expressed no opinion on the merits of the approval claim.