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Shali Benny vs Assistant General Manager,

Shali Benny vs Assistant General Manager,

Type Court Judgment Court Kerala Decided Oct 29, 2019
~4 min read
https://sooperkanoon.com/case/1920442

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/13836/2019

Parties & Advocates

Appellant / Petitioner

Shali Benny

Respondent

Assistant General Manager,

Excerpt

.....counsel for the petitioner submitted that in the light of the decision of the apex court in manager, andhra bank, tvm v. reshma syam s. (2014 (4) khc 704), the bank is not justified in not considering the application of the petitioner.4. the fact that the college where the petitioneris pursuing the course is a recognized one is not disputed by the bank. the specific stand taken by the petitioner is that she had undergone the process of selection conducted by the college and it is on that basis that she was selected for admission. in the said circumstances, according to me, the decision of the bank in not considering the request of the petitioner for educational loan is not justified. the writ petition, in the circumstances, is disposed of directing the bank to reconsider the application of the petitioner in the light of the decision of apex court referred to above. this shall be done within one month. sd/- p.b.suresh kumar judge ds 29.10.2019 ..4.. appendix petitioner's/s exhibits: exhibit p1 the true copy of the certificate issued by the board of higher secondary examination, government of kerala. exhibit p2 the true copy of the admission confirmation letter from the principal of royal college of nursing, bangalore. exhibit p3 the true copy of the fee structure of the entire course of the b.sc. nursing issued by the royal college of nursing, bangalore. exhibit p4 the true copy of the affiliationletter of the royal college of nursing bangalore with the rajiv gandhi university of health and science, karnataka.exhibit p5 the copy of the loan application by online to the state bank of india, meenangady branch dated 30.01.2019. exhibit p6 the true copy of the loan application directly to the state bank of india, meenangady branch on 06.02.2019. exhibit p7 the true copy of the notarized affidavit. exhibit p8 the true copy of the representation before the district collector, wayanad district on 09.04.2019. exhibit p9 the true copy of the representation.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, WP(C).No.13836 OF 2019(D) PETITIONER: SHALI BENNY, AGED 35 YEARS W/O. BENNY, VATTAKKUNNEL HOUSE, VAZHAVATTA P.O, SULTHAN BATHERY TALUK, WAYANADU DISTRICT-673122. BY ADV. SRI.R.DIVAKARAN RESPONDENTS: 1 ASSISTANT GENERAL MANAGER, CONSUMER EDUCATION PROTECTION CELL, RESERVE BANK OF INDIA, BAKERY JUNCTION, P B NO.6507, THIRUVANANTHAPURAM-695033. 2 MANAGER, STATE BANK OF INDIA, MEENANGADY BRANCH, WAYANDU DISTRICT-673122. 3 MANAGER, STATE BANK OF INDIA, SULTHAN BATHERY BRANCH, WAYANDU DISTRICT-673592. 4 STATE BANK OF INDIA, HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM, PIN-695012, REPRESENTED BY ITS MANAGING DIRECTOR. R2 BY ADV. SRI.TOM K.THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2.. W.P.(C) No. 13836 of 2019

JUDGMENT

The petitioner has applied for an educational loan to the fourth respondent bank for pursuing B.Sc. Nursing course at Royal College of Nursing at Bangalore. The application of the petitioner was not considered by the bank as it was found to be not in order. The petitioner is challenging the said decision of the bank in this proceedings under Article 226 of the Constitution.

2. Paragraph 3 of the counter affidavit filed by the second respondent reads thus:

“3. It is true that the petitioner had approached the Bank seeking for education loan for her daughter Miss. Bensha Lukose. The said application was forwarded to RACC Branch, Sulthanbathery which is the sanctioning office. After scrutiny of the documents produced by the petitioner the sanctioning authority has returned the application due to the following irregularity. i) The student should have secured admission to a higher education course in recognized institution through entrance test/merit based selection process. ii) The student could have appeared for entrance test and studied with lessor fee. Bank finance is intended for meritorious students only.”

3. When the matter was taken up today, the

..3.. learned counsel for the petitioner submitted that in the light of the decision of the Apex Court in Manager, Andhra Bank, Tvm v. Reshma Syam S. (2014 (4) KHC 704), the bank is not justified in not considering the application of the petitioner.

4. The fact that the college where the petitioner

is pursuing the course is a recognized one is not disputed by the bank. The specific stand taken by the petitioner is that she had undergone the process of selection conducted by the college and it is on that basis that she was selected for admission. In the said circumstances, according to me, the decision of the bank in not considering the request of the petitioner for educational loan is not justified. The writ petition, in the circumstances, is disposed of directing the bank to reconsider the application of the petitioner in the light of the decision of Apex Court referred to above. This shall be done within one month. Sd/- P.B.SURESH KUMAR JUDGE ds 29.10.2019 ..4.. APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATION, GOVERNMENT OF KERALA. EXHIBIT P2 THE TRUE COPY OF THE ADMISSION CONFIRMATION LETTER FROM THE PRINCIPAL OF ROYAL COLLEGE OF NURSING, BANGALORE. EXHIBIT P3 THE TRUE COPY OF THE FEE STRUCTURE OF THE ENTIRE COURSE OF THE B.SC. NURSING ISSUED BY THE ROYAL COLLEGE OF NURSING, BANGALORE. EXHIBIT P4 THE TRUE COPY OF THE AFFILIATION

LETTER OF THE ROYAL COLLEGE OF NURSING BANGALORE WITH THE RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCE, KARNATAKA.

EXHIBIT P5 THE COPY OF THE LOAN APPLICATION BY ONLINE TO THE STATE BANK OF INDIA, MEENANGADY BRANCH DATED 30.01.2019. EXHIBIT P6 THE TRUE COPY OF THE LOAN APPLICATION DIRECTLY TO THE STATE BANK OF INDIA, MEENANGADY BRANCH ON 06.02.2019. EXHIBIT P7 THE TRUE COPY OF THE NOTARIZED AFFIDAVIT. EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION BEFORE THE DISTRICT COLLECTOR, WAYANAD DISTRICT ON 09.04.2019. EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION BEFORE THE 1ST RESPONDENT, ON 09.04.2019. ..5.. EXHIBIT P10 THE TRUE COPY OF THE SELECTION LETTER DATED 22.04.2019 ISSUED BY THE PRINCIPAL OF THE ROYAL COLLEGE OF NURSING, BANGALORE.

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