1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU WP(MD)No.5641 of 2011 & MP(MD).No.1 of 2011 S.Rakkappan :Petitioner -Vs- 1.The Regional Manager, State Bank of India, Madurai Region, Madurai. 2.The Chief Manager, State Bank of India, Manamadurai Branch, Sivagangai District. :Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus directing the respondents to disburse the educational loan for the petitioner's son studying Civil Engineering Diploma Course at Nagasiva Polytechnic College, Nedungulam, Madurai based upon the provisional sanction letter, dated 29.08.2010 issued by the second respondent without there being any delay. For Petitioner :Mr.R.Anand For Respondents :Mr.K.M.Vijayakumar ORDER The writ petition is filed by the petitioner on behalf of his son R.Karthick seeking for educational loan from the respondent bank, State Bank of India. 2.It is the stand of the petitioner that his son has got a seat at Nagasiva Polytechnic College, Nedungulam, Madurai in a Civil Engineering Diploma Course and he is eligible to get educational loan from the Bank as per the guideline. It was stated by the petitioner that when he approached the respondent bank camp at Alagappa Model Higher Secondary School, they gave provisional sanction letter, wherein they had stated that they will sanction a loan for a sum of Rs.1,64,580/- for the said course and he must approach the Manamadurai Branch for processing their application. But, subsequently, when the petitioner went with the provisional sanction letter the amount was not given, even though the college was charging an amount over exceeding the amount sanctioned by the bank. 3.It is the case of the petitioner, that the bank was only willing to give 50% of the amount spent by the petitioner on behalf of his son. Having given a provisional sanction letter, it is not open to them to change the total amount to which they are entitled to get. 4.In the writ petition notice of motion was ordered on 11.05.2011. On notice from this Court, the respondents have filed the counter affidavit dated 13.06.2011. In the counter affidavit, it is stated in paragraphs 4 and 5, which is as follows; "4. I submit that the Rural Central Processing Committee of the respondent bank (RCPC) sanctioned a sum of Rs.95,580/-, which includes Tuition Fees = Rs.45,000/-, https://hcservices.ecourts.gov.in/hcservices/ 2 Essential Books = Rs.3,000/-, Exam Fees = Rs.2,580/-, Hostel Boarding and maintenance = Rs.45,000/-. As per the State Bank of India Educational Loan fees structure, it is clearly stated that for the self financing polytechnic Rs.21,200/- and for Hostel = Rs.15,000/-. Now the bank has sanctioned Rs.27,000/- directly to the College. The said fee structure was prescribed by the committee appointed by the State Government and head by Justice N.V.Balasubramanian. Further, it is submitted that the bank is advancing the loan as per the fee structure prescribed by the above stated committee appointed by the State Government and not for what the colleges are charged each year. As per the recommendation made by the committee maximum fee payable for polytechnic per year is Rs.18,200/-. Therefore, here the bank has sanctioned a sum of Rs.95,580/- for 3 years is very well within the recommendation of the Justice N.V.Balasubramanian Committee. 5. Further, it is submitted that the petitioner herein visited the bank officials to sanction the loan to the tune of amount what the educational institution charged. Already the respondent bank disbursed a sum of Rs.27,000/- on 19.01.2011. Further the respondent bank manager is not the loan sanctioning authority, he can only recommending the application to Rural Central Processing Committee (RCPC) of the concern bank who is not a party to this proceedings." 5.In the light of the stand taken by the respondent bank and in the absence of any legal right on the part of the petitioner, this Court is unable to entertain the prayer made by the petitioner. The writ petition stands dismissed. Consequently, connected miscellaneous petition is closed No costs. Sd/- Assistant Registrar (AS) / TRUE COPY / Sub Assistant Registrar To: 1.The Regional Manager, State Bank of India, Madurai Region, Madurai. 2.The Chief Manager, State Bank of India, Manamadurai Branch, Sivagangai District. +1CC to Mr.K.M.Vijayakumar, Advocate. SR.No.36465. Jikr Order made in WP(MD)No.5641 of 2011 & MP(MD).No.1 of 2011 RP/10.11.2011/2P/5C.20.10.2011 https://hcservices.ecourts.gov.in/hcservices/