1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.501 of 2011 M.Vijayalakshmi : Petitioner Vs. 1.The Union of India, The Ministry of Finance, Rep. by its Finance Secretary, New Delhi. 2.The Chairman and Managing Director, Indian Overseas Bank - Head Office, Anna Salai, Chennai. 3.The Branch Manager, Indian Overseas Bank, A.Vellalapatti Branch, A.Vellalapatti, Melur Tauk, Madurai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent to sanction the educational loan of Rs.60,000/- to the petitioner for her B.Ed., CS Court at K.S.M College of Education for Women, Therkkutheru Post, Melur Taluk, Madurai District by considering her application, dated 22.09.2010, within the stipulated period. For Petitioner :Mr.A.Haja Mohideen For Respondents :No appearance O R D E R ********** The petitioner seeks a Writ of Mandamus directing the third respondent to sanction a sum of Rs.60,000/- as educational loan so as to enable her to continue her teacher education. 2. The petitioner is the resident of A.Vallalapatti village in the District of Madurai. She belongs to a very poor family. Her father is an agricultural coolie and he is now working as a labourer in a textile mill at Thiruppur. The petitioner is undergoing her B.Ed Course in K.S.M.College of Education for Women, Melur Taluk in the District of Madurai. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The management of the college has given a fees structure indicating that the petitioner has to pay a sum of Rs.60,000/-. The petitioner was able to pay only a sum of Rs.20,000/-. Therefore, the management was compelling her to pay the balance fees. The petitioner's father has no means to pay the dues. Therefore, the petitioner has approached the Manager of the third respondent Bank during the month of August, 2010 and requested him to sanction a sum of Rs.60,000/- as educational loan. However, the third respondent was not inclined to sanction the loan without security. The petitioner appears to have made a representation to the second respondent on 31.08.2010. Subsequently, on 18.09.2010, the third respondent has issued a communication to the father of the petitioner requesting him to contact the bank with necessary documents. Accordingly the petitioner's father submitted necessary documents before the third respondent on 22.09.2010. The third respondent received the same and stated that the matter would be looked into and necessary sanction would be given within a period of one month. However, there was no follow up action taken by the third respondent. This made the petitioner to file the Writ petition for issuance of a Writ of Mandamus. 4. Though notice was served on the respondents, they have not chosen to appear before this Court. 5. The averments as contained in the affidavit filed in support of the Writ petition clearly gives an indication about the poor financial position of the petitioner. Even though her father was employed only as a labourer, she has tried her level best to join in a college after securing hand loan from the local people. The loan application submitted by the petitioner was not processed solely on the ground that there was no security offered by the petitioner. The Government has framed a scheme for grant of educational loan. There was a benevolent purpose in framing such schemes. In case the bank insists for collateral security even for sanctioning negligible amount, the purpose of the scheme would not be fructified. 6. Therefore, I am of the view that the third respondent has to consider the issue with a human touch without rejecting the loan application on flimsy and technical reasons. 7. Accordingly, the third respondent is directed to consider and dispose of the loan application submitted by the petitioner on 22.09.2010, on merits and in the light of the Scheme framed for grant of educational loan. 8. The petitioner is directed to contact the third respondent Bank with a copy of this order and on such production, earnest efforts should be taken by the third respondent bank to consider and dispose of the loan application. Such exercise shall be completed, within a period of two weeks from the date of receipt/production of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 3 9. The Writ petition is disposed of with the above direction. No Costs. pm Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1.The Finance Secretary, Union of India, The Ministry of Finance, New Delhi. 2.The Chairman and Managing Director, Indian Overseas Bank - Head Office, Anna Salai, Chennai. 3.The Branch Manager, Indian Overseas Bank, A.Vellalapatti Branch, A.Vellalapatti, Melur Tauk, Madurai District. +1 cc to Mr.A.Haja Mohideen, Advocate SR.No.2501. W.P.(MD)No.501 of 2011 Dated:22.01.2011 3P/5C RPB 24.01.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/