IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 36342 of 2009(K) --------------------------------------- PETITIONER: ------------------- K.HALEEL REHMAN, S/O.M.S.KABEER, NEDUVELIYIL, WARD-6, ATHIRAMPUZHA P.O., KOTTAYAM-686 562. BY ADV. MR.E.S.ASHRAF. RESPONDENTS: ------------------------ 1. THE STATE BANK OF TRAVANCORE, ATHIRAMPUZHA BRANCH, REP. BY BRANCH MANAGER. 2. THE CHIEF GENERAL MANAGER, THE STATE BANK OF TRAVANCORE, P.B.NO.34, THIRUVANANTHAPURAM-695 012. R1 & R2 BY ADV. MR.R.S.KALKURA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON 16/03/2010 DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36342 of 2009-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2010. JUDGMENT The matter relates to the refusal to grant an educational loan as sought for by the petitioner from the respondents Bank. The petitioner is a student of B.E. (Marine Engineering) course. He joined the course after successful completion of Plus Two course, by securing 73% marks and after due selection process, he secured the admission to the course at the Coimbatore Marine College affiliated to Vinayaka Missions University which is established under Section 3 of the UGC Act, 1956. The course is one duly approved by the Director General of Shipping, Govt. of India. These facts are evident from Ext.P1 certificate issued by the Vinayaka Mission University. The duration of the course is four years, i.e. from August 2009 to July 2013 and the total tuition fee including other expenses, will come to Rs.7,40,000/-, as evident from Ext.P2 certificate issued by the College. Ext.P3 is the scheme for grant of educational loan styled as 'Gyan Jyothi Educational Loan”. Ext.P4 is the application submitted by the petitioner. When the Bank denied the grant of loan, this writ petition has been filed. 2. In the counter affidavit, the stand taken is that such loans cannot wpc 36342/2009 2 be granted for distance/offsite education programme and in Ext.P3 it has been clearly mentioned that “vocational training and skill developmental study courses distant/offsite education programme” were not eligible for the loan under the scheme. Herein, the petitioner is undergoing such a course and therefore Ext.R1(a) reply was sent to the petitioner also. 3. The petitioner disputes the fact that it is an off campus course, as commonly understood. Learned counsel for the petitioner submitted that as far as Ext.P3 scheme is concerned, going by clause © under the heading “Eligible Courses”, a professional course like Engineering is one which is eligible for grant of education loan. It is submitted that in respect of clause (l), viz. Vocational Training and Skill development study courses, alone, it is specified that Distant/Offsite Education Programme not eligible for loan. It is further pointed out that the course which he is undergoing, is a regular course approved by the Govt. of India, as evident from Ext.P1 itself. It is conducted by a Marine College and it is not an off campus centre of the University. 4. Learned Standing Counsel for the Bank has produced the scheme for grant of eligible loans covered under circular dated 3.6.2008. 5. Going by Ext.P3 Scheme, it can be seen that “professional wpc 36342/2009 3 courses like Engineering, Medical, Agriculture, Veterinary, Law, Dental, Management, Computer etc. are eligible courses for grant of loan. Clause (l) is extracted below: “l. Vocational Training and Skill development study courses, Distant / Offsite Education Programme not eligible for loan.” Evidently, with reference to the Vocational Training and Skill development study courses alone it is mentioned that Distance / Offsite Education Programme are not eligible for loan. In the counter affidavit also, the same stand is reiterated in para 3. Therefore, as far as the Engineering courses are concerned, such an objection could not have been taken, even though learned Standing Counsel for the Bank submitted that to such a course also, the clause will apply. To bolster up the said contention, the Bank has produced the scheme dated 3.6.2008. Therein, the earlier scheme which was existing then, has been modified. In the modified scheme it is stipulated that “Distant Education / Offsite Education mode through study centres are not eligible for loan under the scheme.” The words 'study centre” therein is also important to consider the contentions raised herein. What is highlighted therein is in respect of Distant Education / Offsite Education mode through study centres alone. A college cannot be treated as wpc 36342/2009 4 a study centre, obviously. There are institutions or Universities having study centres in areas within/outside their jurisdiction, which are commonly known as off campus study centres. The prohibition under Ext.P3 and the circular dated 3.6.2008 will apply to such centres alone. The respondents have mainly relied upon the words “offsite education mode” to invoke the said clause herein. Ext.P1 does not say that it is an off campus centre directly run by the University, but it is an approved off campus of the University. Actually, the college is affiliated to Vinayaka Missions University, Selam. Ext.P1 shows that the B.E. (Marine Engineering) programme is being conducted on regular mode. It is clear from Ext.P2 certificate also that the petitioner is a student of Coimbatore Marine College for the said course affiliated to Vinayaka Mission's University, Salem and the University is having approval by the Director General, Shipping, Govt. of India also. 6. It is not purely a Distant/Offsite Education Programme as envisaged in Ext.P3. Actually in Ext.P3 scheme, there is no stipulation as regards Engineering course that the Distant/Offsite Education Programme for such a course, is not eligible for loan and such a stipulation is only in respect of Vocational Training and Skill development study course, as wpc 36342/2009 5 otherwise the same could have been added as a general condition either under the opening portion under the heading “Eligible Courses” or as a general clause after clause (l) therein. The words “Distant / Offsite Education Programme not eligible for loan” are available only in clause (l) in respect of Vocational Training and Skill Development study courses alone. 7. Actually, the scheme for grant of education loan is for the benefit of the students for enabling them to complete the courses. Therefore, the scheme itself is a beneficial one for them. Therefore, even if two interpretations are possible, a beneficial construction that favours the object of the scheme, alone has to be undertaken. 8. In that view of the matter, the objection raised by the respondents cannot be sustained. Evidently, the University is having approval by the Director General, Shipping, Govt. of India, to conduct the course and the Marine College is affiliated to the Vinayaka Missions University which is evident from Ext.P2. It is a regular course, the duration of which is four years also. Therefore, Ext.R1(a) cannot be supported. 9. The writ petition is allowed. There will be a direction to the respondents to process the application for grant of education loan to the wpc 36342/2009 6 petitioner and eligible amount of loan will be sanctioned in accordance with the scheme, and as per the conditions provided therein and appropriate action shall be taken within a period of one month from the date of receipt of a copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) kav/