1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.09.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR WP(MD)No.10030 of 2011 and MP(MD)No.1 of 2011 S.John Aloysious :Petitioner -Vs- 1.The Union of India Represented by its Secretary, Department of Financial Services, Ministry of Finance, New Delhi. 2.The General Manager, Indian Bank, Regional Office, No.66, Rajaji Salai, Chennai -200 001. 3.The Deputy General Manager/Zonal Manager, Indian Bank Zonal Office, First Floor MKM Complex No.21-C/1, SN High Road, Tirunelveli-627001. 4.The Branch Manager, Indian Bank, Thoothoor Branch, Thoothoor Post - 629 176, Kanyakumari District. 5.Mr.John Joseph :Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents 2 to 4 to sanction the educational loan to the petitioner's son Mr.J.John Mathew to complete the M.B.A. (Masters in Business Administration) Course in University of Wales at Holborn College, London (U.K.) as per the certificates produced by the petitioner and his son. For Petitioner :Mr.Mr.Periyakaruppan forMr.M.Saravanakumar For 1st respondent :Mr.S.Balasubramanian For respondents 2 to 4:Mr.R.Pandivel, ORDER On this day, when the matter came up for hearing, Mr.Pandivel, learned counsel appearing for the Indian Bank, Thoothoor Branch, Kanyakumari District, submitted that the validity of the sanction order granting educational loan of Rs.4 lakhs has already expired. He has also submitted that the petitioner has not produced the original passport and visa for verification to substantiate the contention that he is pursuing higher education in London. Nevertheless, if the petitioner's son sends a true copy of the passport, visa, and bona fide certificate from the institution, from where he pursuing MBA degree and the details of the fee paid to the College, all the abovesaid documents duly attested by the foreign embassy or any other competent authority, in London and also a power of attorney, duly executed before the High Commissioner or any other competent authority in London, either authorising his father, the petitioner herein, Mr.S.John Aloysious, or mother of the student or any other close relative, to execute an agreement with the Bank, as per the Revised Model Educational Loan Scheme for Pursuing Higher Studies In India and Abroad, the Bank is willing to revalidate the sanction and disburse the loan. The submission of the learned counsel for the Bank is recorded and his response to the queries posed deserves due appreciation. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Mr.Periya Karuppan, learned counsel appearing for the petitioner submitted that it would take at least a month time to submit the abovesaid particulars to the Bank. 3.In view of the submissions stated supra, no sooner the petitioner/petitioner's son submits a true copy of the passport and visa, bona fide certificate from the College and the details of fee paid to the College, where petitioner's son is pursuing his MBA course, all the aforesaid documents, duly attested by a notary or by the foreign embassy or any other competent authority and a specific power of attorney, duly executed before the foreign embassy or High Commissioner or any other competent authority, authorising the petitioner or mother of the student or any other close relative to execute the agreement, Indian Bank, Thoothoor Branch, the fourth respondent herein shall revalidate the sanction of loan of Rs.4 lakhs, already granted, so as to enable student to pursue his course in abroad. 4.The writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The State Commissioner for the Physically Challenged, Tamil Nadu State, 15/1, Model School Road, Ayiramvilakku, Chennai - 600 009. 2.The Commissioner, The Tamil Nadu Adi Dravidar and Tribal Welfare Department, Chepakkam, Chennai - 600 005. 3.The District Collector, Dindigul District, Dindigul. 4.The District Adi Dravidar and Tribal Welfare Officer, Dindigul District, Dindigul. 5.The Special Tahsildar, Adi Dravidar Welfare Unit -I, Dindigul District, Dindigul. +1CC to Mr.R.Pandivel, Advocate. SR.No.33596. +1CC to Mr.S.Balasubramanian, Advocate. SR.No.33691. Gcg RP/19.10.2011/2P/8C. W.P.(MD)No.10030 of 2011 27.09.2011 https://hcservices.ecourts.gov.in/hcservices/