IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 15.02.2011 Coram THE HON’BLE MR. JUSTICE VINOD K.SHARMA W.P.No.27976 of 2010 and M.P.No.1 of 2010 R.Baranidharan .. Petitioner .. Vs .. 1. Union of India, Rep. by its Secretary to Government, Ministry of Finance, Department of Economic Affairs, (Banking Division), New Delhi. 2. The District Collector, Vellore District. 3. The Branch Manager, Indian Bank, Kalavai Branch, Kalavai, Vellore District. ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the third respondent pursuant to his letter dated 20.10.2010 and quash the same and consequently direct the third respondent herein to sanction educational loan to the petitioner for a sum of Rs.2,25,550/- for the entire academic period of 2010-2011 to continue petitioner studies without any difficulty under the scheme introduced by the first respondent in RPCD/PLNFS/BC.No.83/06.12.2005/2000-01, dated 28.04.2001 by considering the petitioner's application dated 23.08.2010. For Petitioner : Mr.A.Ramalingam For R-1 : No Appearance For R-2 : Mrs.E.Ranganayagi For R-3 : Mr.Devasenan for M/s.Aiyar and Dolia - - - - - O R D E R The petitioner has approached this Court, with a prayer for issuance of a writ in the nature of certiorari, to quash the impugned order dated 20.10.2010, which reads as under:- https://hcservices.ecourts.gov.in/hcservices/ "TAKING BANKING TECHNOLOGY TO THE COMMON MAN. KALAVAI 20.10.2010. Sri.R.Baranichandran, S/o. Ravi, Old No.19, New No.39, Thottavara Street, Kalavai – 632 506. Dear Sir, Sub:- Your applications for Education loan for study P.G.Diploma at NTTF Ref :- Your letter - - - - - We wish to inform you that given loan for study, could not be considered as NTTF s' not approved by AICTE (All India Council for Technical Education) and NTTF in de-recognised by Government of Karnataka. As such the application was not considered by the appropriate authorities. Please we are ready the application submitted by you. Thanking you, Yours faithfully, For INDIAN Bank, Sd/- x x BRANCH MANAGER, KALAVAI." 2. The petitioner challenges the impugned order on the ground that the impugned order cannot be sustained, as the Post Graduate Diploma Programme in Tool Design, is recognized by the Anna University and Madras University. The petitioner, in support of his case, also placed on record the Model Educational Loan Scheme, under which, the eligibility criteria prescribed is as under:- "4. ELIGIBILITY CRITERIA : 4.1 Courses eligible a. Studies in India: * Schools education including plus 2 stage. * Graduation courses : BA, B.Com., B.Sc., etc. https://hcservices.ecourts.gov.in/hcservices/ * Post Graduation courses : Masters & Phd. * Professional courses : Engineering, Medical, Agriculture, Veterinary, Law, Dental, Management, Computer etc. * Computer certificate courses of reputed institutes accredited to Dept. of Electronics or institutes affiliated to university. * Courses like ICWA, CA, CFA etc. * Courses conducted by IIM, IIT, IISc, XLRI, NIFT etc. * Courses offered in India by reputed foreign universities. * Evening courses of approved institutes. * Other courses leading to diploma / degree etc. conducted by colleges / universities approved by UGC / Govt./ AICTE / AIBMS / ICMR etc. * Courses offered by National Institutes and other reputed private institutions. Banks may have the system of appraising other institution courses depending on future prospects / recognition by user institutions. b. Studies abroad :- * Graduation : For job oriented professional / technical courses offered by reputed universities. * Post Graduation : MCA, MBA, MS, etc. * Courses conducted by CIMA – London, CPA in USA etc." 3. The reading of the eligibility criteria, on which, reliance has been placed by the petitioner, shows that it is only the study in diploma course, which is recognized by AICTE, can be eligible for grant of educational loan. 4. The petitioner has not chosen to place on record the https://hcservices.ecourts.gov.in/hcservices/ scheme of Indian Bank or of Dena Bank to support the contention of discrimination. The stand of the petitioner is that Dena Bank has granted loan to the students pursuing the same course. As already observed, the petitioner has relied on the Model Educational Loan Scheme, under which, the petitioner is not eligible to avail the loan. The wrong grant of loan, does not entitle others to get loan, as it is settled law, that Articles 14 and 16 of the Constitution of India cannot be used to perpetuate the wrong. 5. The learned counsel for the petitioner also placed reliance on the Judgment of this Court in the case of S.Sarankumar Vs. The Regional Manager, Karur Visya Bank, reported in [2010 (6) MLJ page 47], in support of the contention that the petitioner is entitled to educational loan. This Judgment has no application, as this Court only held that student admitted under management quota, is also entitled go grant of educational loan. 6. The reliance of the learned counsel for the petitioner on the Judgment of this Court in the case of G.Divya Vs. The Branch Manager, Kanara Bank, reported in [2011(1) LW 571] is also of no help, because in this case also, it has not been held that though the diploma, is not recognized and does not fall within the eligibility criteria, still the student will be entitled to grant of educational loan. 7. Thus, finding no merit in the writ petition, it is dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed. jrl Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Secretary to Government, Union of India, Ministry of Finance, Department of Economic Affairs, (Banking Division), New Delhi. https://hcservices.ecourts.gov.in/hcservices/ 2. The District Collector, Vellore District. 3. The Branch Manager, Indian Bank, Kalavai Branch, Kalavai, Vellore District. + 1 cc to M/s. Aiyar & Dolia, Advocate SR No.11768 + 1 cc to Government Pleader, SR No.11688 SAI(CO) SR/1.3.2011 W.P.No.27976 of 2010 https://hcservices.ecourts.gov.in/hcservices/