1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10/08/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)Nos.4997 and 4998 of 2011 S.Anusha ...Petitioner in W.P.No.4997 M.Shyni ...Petitioner in W.P.No.4998 Vs 1.The Union of India, Rep by its Secretary, Finance Department, New Delhi. 2.The Branch Manager, Tamil nadu Mercantile Bank Ltd., Arumanai & Post Kanyakumari District. ... Respondents in both W.Ps. Prayer : Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writs of Mandamus to direct the second respondent herein to sanction education loan to the petitioner's daughter in W.P.No.4997 of 2011 herein and to the petitioner in W.P.(MD) No.4998 of 2011. For petitioner ... Mr.T.Pon Ramkumar (both WPs) For respondents RR1 ...Mr.K.Senthilvelan WP.4997/2011 Mr.J.Indira Subramanian, WP.4998/2011 RR2 Mr.V.Karthikeyan (both WPs) O R D E R In both the writ petitions, the petitioners', are the students of Aayushman Nursing College, Kurnool, Andhra Pradesh and permanent residents of Kanyakumari District. They have sought for a mandamus directing the Branch Manager, Tamil Nadu Mercantile Bank, Arumanai, Kanyakumari District, the second respondent herein, to sanction educational loan. 2. According to them, they are not financially sound to meet out the fee structure and other expenses, to pursue their higher education in B.Sc., Nursing (Four years professional Course) in the above said college affiliated to Dr.N.T.R.University of Health Sciences, Vijayawada, and approved by the Indian Nursing Council,New Delhi. It is the further contention of the petitioners that though, they have submitted the required applications along with relevant documents and requested the Branch Manager, Tamil Nadu Mercantile Bank, Arumanai, Kanyakumari District, the second respondent herein, in both the writ petitions, he has not sanctioned the educational loan on the ground that the petitioners are studying in Andhra Pradesh and that he has sought for clarification from higher authorities. 3. However, the second respondent herein at Paragraph No.4 of the counter affidavit, has submitted that the Bank has granted several educational loans to all the students, who are studying in other states also. He has stated that the petitioners have never approached the Bank with loan applications. However, he has stated that the bank is ready to https://hcservices.ecourts.gov.in/hcservices/ 2 consider the applications for sanctioning of educational loan to the petitioner subject to fulfillment of terms and conditions of the educational loan scheme and also as per the guidelines issued by the Reserve Bank of India in this regard. 4. As there is a dispute with regard to submission and acknowledgment of the applications for sanctioning of educational loan, this Court cannot advert to the same without proof. However, having regard to the contention of the second respondent Bank that they are granting educational loans to all the students, who are studying in other states also and their willingness to consider the request for grant of educational loan, both the petitioners are directed to submit necessary applications to the second respondent Bank, along with required documents, within a period of one week from today and on receipt of the respective applications, the second respondent Bank is directed to consider the applications as expeditiiously as possible within one week from thereafter in the light of the laudable scheme introduced by the Government of India, which enables poor and deserving students, to enter into the main stream and achieve their objectives in the field of education. Considering the plight of the students, who are unable to pursue their education in Kurnool, Andhra Pradesh, the second respondent is directed to take a pragmatic approach. With the above directions, the writ petitions are disposed of. No costs. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) To 1.The Secretary, Union of India, Finance Department, New Delhi. 2.The Branch Manager, Tamil nadu Mercantile Bank Ltd., Arumanai & Post Kanyakumari District. +2 Ccs to Mr.T.Pon Ramkumar, Advocate, Sr.No.27160 +2 Ccs to Mr.V.Karthikeyan, Advocate, SR.No.27089 RR Writ Petition Nos.4997 and 4998 of 2011 10.08.2011 TR : 11.08.2011 : 2p/7c : IT https://hcservices.ecourts.gov.in/hcservices/