1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.2290 of 2011 M.Jaffer Ali ...Petitioner Vs. 1.Union of India, Rep by its Secretary, Ministry of Finance, Thodi Road, North Block, New Delhi. 2.The Zonal Manager, Central Bank of India Zonal Office, Madurai. 3.The Branch Manager, Central Bank of India, Ellis Nagar Branch, Ellis Nagar, Madurai – 10. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating of the third respondent order in CBI/Ellis/SM/2010- 11/59, dated 01.02.2011 and quash the same and consequently directing the third respondent bank to sanction the education loan of Rs.2,46,000/- as per the fees structure dated 19.09.2008 to the petitioner for the course B.E. Electronics Communication Engineering at SACS MAVMM Engineering College, Madurai. For Petitioner : Mr.R.Aravind Raj For 1st Respondent : Mr.M.Radhamanalan For 2nd Respondent : Mr.R.Pandivel ORDER The petitioner has sought for educational loan for pursuing his B.E.Degree course. His only grievance is that even though he had applied and earlier filed writ petition, he was not awarded educational loan and therefore, he has come forward with the present writ petition. The previous writ petition in W.P.(MD)No.10475 of 2010 was ordered on 22.09.2010 thereafter, he filed another application cum representation on 03.11.2010 and inspite of the same, no order was passed ultimately only on 01.02.2011, the impugned order was passed granting loan for a sum of Rs.32,500/- per year and asked him to avail loan. Hence, the present writ petition. 2.Learned counsel for the respondent bank would contend that they are always ready and willing to grant educational loan as per the norms prescribed for the engineering colleges, the tuition fees per year is only Rs.32,500/- and the petitioner is a day scholar, he may be eligible for the bus fee and other fees. Therefore, they are ready and willing to pay upto Rs.44,000/- per year for two years namely third and fourth years, since the application itself is filed only in the third year and it is not the case of denial and it is only the petitioner has to come and approach the bank to receive the loan as per the impugned order. 3.Heard the submissions made by the learned counsel on either side and perused the materials available on record. 4.The only grievance of the petitioner is that he is seeking educational loan that too for studying engineering course has not been properly appreciated or sanctioned by the bank. Even in the impugned letter, it is only stated as hereunder: "We have vide our above referred letters and in person contacted & informed you the Bank's willingness to sanction the education loan to your son Mr.M.Jaffer Ali, within the norms https://hcservices.ecourts.gov.in/hcservices/ 2 prescribed by the Bank. The Government of Tamil Nadu prescribed the tuition fee limit for Engineering Degree Course as Rs.32,500.00 (max.per annum) is alone considered as tuition fee for Bank loan also. We have informed the same to you in person already. After our letter dated 06.12.2010 we have not received any response from you. In the meantime we are in receipt of a letter dated 17.01.2010 from your son Mr.M.Jaffer Ali, seeking education loan quoting the Court's order. You may please explain the facts to your son also. Now it is up to you to decide on the matter". 5.Petitioner wants the bank has to pay the total fees for four years and as per the grant it is only Rs.65,000/- for two years. Therefore, they are aggrieved as they are poor people they have borrowed money and as per scheme, the loan is not for two years. In any view of the matter, it is seen from the proceedings that the respondent bank is always ready and willing to grant loan subject to the norms and in fact in the reference, the bank itself has sent so many letters prior to the impugned letter seeking to give and effect the loan and it is also made clear that the petitioner himself has applied as per his letter, dated 03.11.2010. 6.Inasmuch as, the respondent bank is now ready and willing to offer upto Rs.44,000/- per year and taking into consideration, the petitioner is a day scholar, suffice to direct that the respondent bank may grant loan upto Rs.50,000/- per year for the two years namely third and fourth years alone within a period of fifteen days from the date of receipt of a copy of this order. It is also pertinent to note that since the petitioner has approached the respondent bank, even during the second year of the course, the bank may consider, if there is any possibility for granting loan at least for Rs.32,500/- being the tuition fees alone for the second year also namely, the actual tuition fees paid subject to their norms. The petitioner will approach the bank along with the order copy and make necessary application. 7.The writ petition is disposed of to the extent indicated above. No costs. SD ASST REGISTRAR ( CO ) /TRUE COPY/ sms SUB ASST REGISTRAR To 1.The Secretary, Union of India, Ministry of Finance, Thodi Road, North Block, New Delhi. 2.The Zonal Manager, Central Bank of India Zonal Office, Madurai. 3.The Branch Manager, Central Bank of India, Ellis Nagar Branch, Ellis Nagar, Madurai – 10. 1CC TO MR. M. RADHAKRISHNAN, ADVOCATE, SR: 17757: 1CC TO MR. R. ARAVINDARAJ, ADVOCATE, SR: 17765: 1CC TO MR. P. PANDIVEL, ADVOCATE, SR: 17512: DM:2011:JUNE:30: Writ Petition (MD)No.2290 of 2011 07.06.2011 2P:7C:: https://hcservices.ecourts.gov.in/hcservices/