Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022/13TH MAGHA, 1943 WP(C) NO. 1192 OF 2022 PETITIONER: DIMPLE JOHN, AGED 24 YEARS, D/O.M.P.JOHN, MENACHERRY HOUSE, KARUMALLOOR P.O., ERNAKULAM - 683 511. BY ADVS. JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN HARIKRISHNAN P. RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY SECRETARY, DEPARTMENT OF ECONOMIC AFFAIRS, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI - 110 001. 2 THE REGIONAL DIRECTOR, RESERVE BANK OF INDIA, BAKERY JN., P.B.NO.6507, THIRUVANANTHAPURAM - 695 033. 3 THE REGIONAL HEAD, UNION BANK OF INDIA, REGIONAL OFFICE, PUTHUVELIL BUILDING, NH 47, BYEPASS JN., NEAR KSRTC BUS STAND, ALUVA - 683 101.
4 THE BRANCH MANAGER, UNION BANK OF INDIA, KARUMALLOOR VIA ALUVA, ERNAKULAM - 683 511. BY ADV SHRI.A.S.P.KURUP, SC, UBI SRI.MANU S, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 2nd day of February, 2022 The petitioner is before this Court aggrieved by denial of Educational Loan by the 4th respondent.
2. The petitioner is pursuing her studies in M.Sc. Biotechnology Course. The petitioner states that she was admitted to the course on Government merit quota for the academic year 2021-'22.
3. The petitioner applied for Educational Loan from
the 4th respondent-Branch Manager of the Bank in February, 2021 for pursuing M.Sc. Biotechnology Course. The respondents intended to delay the process of the loan application, contends the petitioner. Therefore, the 4 th respondent should be directed to consider the petitioner's Educational Loan application and take a decision immediately.
4. When this writ petition came up for hearing, the
learned Standing Counsel for the 4th respondent, on instructions, submitted that the petitioner had not applied for Educational Loan in the proper format. If the petitioner submits application in the proper format supported by all requisite documents, the 4th respondent can consider the same in accordance with law, following the rules and regulations applicable to Educational Loans framed by the bank.
5. I have heard the learned counsel for the
petitioner and the learned Standing Counsel representing respondents 3 and 4. In view of the nature of the relief to be granted in this writ petition, notice to respondents 1 and 2 are dispensed with.
6. During the course of hearing, the learned
counsel for the petitioner submitted that the petitioner has now submitted Ext.P11 application for Educational Loan in the format prescribed by the 4th respondent-Bank. The application was mailed on 20.01.2022. In view of the fact that the petitioner has made application in the prescribed format, this Court is of the view that the 4 th respondent should consider it in accordance with law. In the circumstances, the writ petition is disposed of directing the 4th respondent to consider Ext.P11 Educational Loan application submitted by the petitioner in accordance with law and in terms of the rules and regulations applicable for Educational loans, within a period of three weeks. Sd/- N. NAGARESH JUDGE ncd/03.02.2022 APPENDIX OF WP(C) 1192/2022 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF NEW COURSE
CERTIFICATE DATED 24/11/2021 ISSUED BY THE PRINCIPAL OF MES MK MACKAR PILLAI COLLEGE TO THE PETITIONER. Exhibit P2 THE TRUE PHOTOCOPY OF CERTIFICATE IN THE QUALIFYING EXAMINATION. Exhibit P3 TRUE PHOTOCOPY OF INCOME CERTIFICATE DATED 24/11/2021.
Exhibit P4 TRUE PHOTOCOPY OF LAWYER NOTICE DATED Exhibit P5 TRUE PHOTOCOPY OF REPLY NOTICE DATED Exhibit P6 TRUE PHOTOSTAT OF RESUBMITTED LOAN
APPLICATION WITH ALL THE RELEVANT DOCUMENTS DATED 26/11/2021. Exhibit P7 TRUE PHOTOCOPY OF POSTAL RECEIPT DATED 02/12/2021. Exhibit P8 TRUE PHOTOCOPY OF CIRCULAR ISSUED BY THE RESERVE BANK OF INDIA DATED
Exhibit P9 TRUE PHOTOCOPY OF JUDGMENT IN WPC
Exhibit P10 TRUE PHOTOCOPY OF JUDGMENT IN WPC
Exhibit P11 THE TRUE PHOTOCOPY OF LOAN
APPLLICATION IN THE PRESCRIBEDFORMAT.