1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.1956 of 2011 C.Chandra : Petitioner Vs. Indian Bank, Through its Branch Manager, Kulasekarapatnam Branch, Thoothukudi District. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to receive the application form for educational loan dated 28.10.2010 and further directing the respondent to sanction a sum of Rs.3,13,000/- as educational loan. For Petitioner : Mr.R.Balakrishnan For Respondent : Mr.S.Sureshkumar Issac Paul O R D E R The delay on the part of the respondent bank to consider the application submitted by the petitioner for granting educational loan, compelled her to file this Writ petition. 2. The petitioner belongs to a poor family. Her son by name Subash after completing his +2 examination applied for B.E., four years course. He was given admission in Rajiv Gandhi College of Engineering at Sriperumbudur. Though he obtained admission, he was not in a position to pay the fees prescribed by the institution. Therefore, after obtaining bonafide certificate, the petitioner submitted an application before the respondent bank to sanction a sum of Rs.3,13,000/- by way of educational loan. The application was submitted on 28.10.2010. The petitioner once again approached the bank on 16.11.2010. The petitioner was made to return under the pretext that educational loan for the academic year 2009 was over and therefore she was constrained to file an application once again. Even though time and again the petitioner approached the respondent, there was no follow up action. 3. Mr.S.Sureshkumar Issac Paul, learned standing counsel for the respondent bank on instructions submitted that the Indian Bank has opened a branch within seven kilometers from the residence of the petitioner at padukkapathu. According to the learned counsel, the branch at Kulasekarapatnam is situated about thirty kilometers away from https://hcservices.ecourts.gov.in/hcservices/ 2 the residence of the petitioner. On the other hand, the branch at Padukkapathu is situated within seven kilometers. Therefore, the petitioner can submit the loan application before the said branch. The learned counsel further submits that in case the petitioner submits loan application before the Padukkapathu Branch, the same will be considered immediately. 4. Though the petitioner approached the Kulasekarapatnam Branch of Indian Bank, the learned standing counsel has submitted that the appropriate branch is Padukkapathu Branch. Therefore, I am of the view that the petitioner should be directed to approach the Padukkapathu Branch. 5. The petitioner is directed to appear before the Branch Manager, Indian Bank, Padukkapathu Branch on 07.03.2011 along with a copy of this order. Immediately on her appearance, necessary application form should be given by the concerned branch Manager. The petitioner will be given reasonable time to submit the loan application along with required documents. In the event of making any such application by the petitioner, the Branch Manager, Indian Bank, Padukkapathu Branch is directed to consider and dispose of the same on merits and in the light of the Revised Model Educational Loan Scheme, as expeditiously as possible and in any case within a period of two weeks thereafter. 6. The bank should remind themselves that the Revised Model Educational Loan Scheme was framed only with view to help the deserving students and to see that no student is denied education on account of their poverty. 7. The application of the petitioner should be considered by the respondent bank favourably instead of rejecting the same on the ground of hyper technicalities. 8. The Writ petition is disposed of with the above direction. No Costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To The Branch Manager, Indian Bank, Kulasekarapatnam Branch, Thoothukudi District. +1 CC to Mr.R.Pandivel, Advocate (SR.No.10816) +1 CC to Mr,A.Balakrishnan, Advocate (SR.No.10935) W.P.(MD)No.1956 of 2011 02.03.2011 pm NSV/3.3.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/