S.Jothimani v. The Dean

ORDER Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

¶2Though the relief sought by the petitioner is,prima facie, contrary to the provisions of the Medical Termination of Pregnancy Act, 1971 and the Rules framed thereunder, the Hon'ble Supreme Court, in A (Mother of X) v. State of Maharashtra and Others (Civil Appeal No.827 of 2026), by order dated 06.02.2026, permitted medical termination of pregnancy beyond the prescribed gestational limit, subject to the condition that such termination was medically safe and did not endanger the life of the victim. In the said case, the pregnancy had reached the 28thweek.

¶3This Court has also recently taken note of the said decision in K.Selvaraj v. The Dean and others in W.P.(MD)No.17266 of 2026, by order dated 19.06.2026, and issued the following directions. ''6. In view of the above, the writ petition is disposed of on the following terms:

(i) Notwithstanding the age of the fetus or the duration of the pregnancy, the first respondent shall immediately constitute a Medical Board. Upon examining the victim child, if the Board finds that medical termination can be Page3 of 5 performed without endangering her life, the same shall be carried out at the earliest possible opportunity.

(ii) It is recorded that the child has already been admitted to the first respondent hospital.

(iii) Without waiting for a certified copy of this order, the authorities shall act upon receipt of the web copy. The procedure shall be carried out in accordance with the recommendations of the Medical Board and in accordance with law. Needless to state, the DNA sample of the fetus shall be stored. No costs.''

¶4The facts of the present case are almost identical. Accordingly, this Writ Petition stands disposed of by directing the first respondent to constitute a Medical Board in accordance with the provisions of the Act and the Rules and to take an immediate decision as to whether medical termination of the petitioner's pregnancy can be safely carried out without endangering her life. The Medical Board shall undertake the above exercise forthwith and communicate its decision to the petitioner without any delay. There shall be no order as to costs. 30-07-2026 Index: Yes/No Speaking/Non-speaking order Note : - Issue order copy on 30.07.2026 smn2 To

¶1The Dean Karur Government Medical College and Hospital, Karur Page4 of 5

¶2The Chairman, Child Welfare Committee, No.13, Samy Complex, Opposite to the RTO Office, Collectorate Post, Thanthonimalai, Karur District

¶3The Inspector of Police, All Women Police Station, Karur District Page5 of 5

C.SARAVANAN, J. smn2 30-07-2026

Page1 of 5 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30-07-2026 CORAM THE HON'BLE MR JUSTICE C. SARAVANAN S.Jothimani ..Petitioner(s) Vs 1. The Dean Karur Government Medical College and Hospital, Karur 2. The Chairman, Child Welfare Committee, No.13, Samy Complex, Opposite to the RTO Office, Collectorate Post, Thanthonimalai, Karur District 3. The Inspector of Police, All Women Police Station, Karur District ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 1st respondent to terminate the pregnancy of petitioner's daughter minor xxx, aged xx, on the basis of petitioner's represenation dated 27.07.2026 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): Ms.M.Maria Vinola Page2 of 5 For Respondent(s): Mr.S.Venkatesh Counsel for the State of Tamil Nadu