1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01-12-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.13002 of 2011 P.Ramachandran .. Petitioner vs. 1.The Zonal Manager, Zonal Office, Indian Bank, 100/101, East Avani Moola Street, Madurai-625 001. 2.The Branch Manager, Indian Bank, T.Ramanathapuram Branch, Periyar Taluk, Madurai District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in MZO/RBS/EDU/015/2011-12 dated 21.9.2011 on the file of the first respondent and quash the same and further directing the respondents to provide educational loan facility for the petitioner's education in BE (Electrical and Electronic). For Petitioner : Mr.R.Maheswaran For Respondents : Mr.R.Pandivel, Standing Counsel. O R D E R The petitioner has come up with the above writ petition, challenging an order passed by the respondent-Bank, directing the petitioner to put up the loan proposal after clearing the arrears in the previous Semester Examinations. 2. Heard Mr.R.Maheswaran, learned counsel for the petitioner and Mr.R.Pandivel, learned Standing Counsel for the respondent-Bank. 3. The petitioner has completed the First Year B.E., Degree in Electrical and Electronics Engineering in Vidyaa Vikas College of Engineering and Technology at Tiruchengode. His application for the sanction of loan has been returned by the respondent-Bank, by the impugned order on the ground that he has arrears in three subjects. 4. The fact that the petitioner has failed in three subjects, one in the first Semester and two in second Semester, is not in dispute. The petitioner is now in the second year and it is stated https://hcservices.ecourts.gov.in/hcservices/ 2 that the Examinations for the Third Semester has already commenced and the petitioner has also applied for writing the arrears. 5. Though the counsel on both sides gave different interpretations to the Scheme formulated by the Indian Bankers' Association and approved by the Reserve Bank of India, I am of the view that in this case, the scope of the Scheme need not be examined. The petitioner is the son of a School Teacher. He has 3 sisters and a brother. Irrespective of whether the Bank sanctions the loan or not, the petitioner has a duty to clear the arrears. Therefore, the Bank putting a pre-condition for the petitioner to clear the arrears, even if not in the interest of the Bank, is certainly in the interest of the petitioner. Hence, the same cannot be taken exception to. 6. In view of the above, the writ petition is disposed of, directing the petitioner to produce the authenticated copies of the mark sheets and other Certificates and upon the petitioner clearing the arrears, the respondent-Bank shall process his application and take necessary action. No costs. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The Zonal Manager, Zonal Office, Indian Bank, 100/101, East Avani Moola Street, Madurai-625 001. 2.The Branch Manager, Indian Bank, T.Ramanathapuram Branch, Periyar Taluk, Madurai District. W.P.(MD)No.13002 of 2011 01-12-2011 SMA/16.12.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/