1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.9741 of 2011 and M.P.(MD).No.1 of 2011 M.Narayanan .. Petitioner Vs. 1.The District Collector, Pudukkottai District. 2.The Manager, Indian Overseas Bank, Aavanathankottai, Aranthangi Taluk, Pudukkottai District. 3.The Regional Manager, Indian Overseas Bank, College Road, Subramaniapuram, Karaikudi, Sivagangai District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents herein to give educational loan to the petitioner's son for pursuing his Engineering Studies. For Petitioner : Mr.R.M.Makesh Kumaravel For 1st respondent : Mr.B.Pugalenthi For respondents 2 & 3 : Mr.L.S.M.Md.Kadar Sahib O R D E R The petitioner has sought for a mandamus directing the respondents to grant educational loan for his son to pursue his engineering study. 2. According to the petitioner, he has approached the second respondent bank on 06.08.2011 and gave a letter, seeking application for educational loan. He also showed all the relevant documents, such as Higher Secondary Mark Statement, allotment order of the first year Electrical and Electronics Engineering course in PTR College of Engineering and Technology, Madurai, Residence Certificate, certificate of first graduate in the family, issued by the Tahsildar, etc. However, the second respondent bank refused to give even the https://hcservices.ecourts.gov.in/hcservices/ 2 educational loan application. It is the further contention of the petitioner that the petitioner's son is entitled to get educational loan, as per the scheme viz., the Revised Model Educational Loan Scheme for Pursuing Higher Studies in India and Abroad and that the respondents are bound to implement the laudable scheme of the Government. 3. On this day, when the matter came up for hearing, Mr.L.S.M.Md.Kader Sahib, learned counsel for the second respondent submitted that the petitioner has not submitted any loan application. His submission is placed on record. 4. When the specific case of the petitioner is that even the issuance of application form for educational loan under the scheme called "Revised Model Educational Loan Scheme for Pursuing Higher Studies in India and Abroad", has been refused, the question of issuing a mandamus, as prayed for, does not arise. At the same time, considering the object of the scheme, the desire of the petitioner's son to pursue higher education, the respondents 2 & 3 are bound to furnish the educational loan application to the petitioner to make a claim and in case, the petitioner's son satisfies the requirements for grant of educational loan, the respondents 2 & 3 are bound to implement the scheme without any hesitation. 5. In the case on hand, there is no graduate in the family of the petitioner and to the effect the Head Quarters Tahsildar has also issued a certificate, dated 26.05.2011. In view of the laudable object to be achieved under the abovesaid benevolent scheme, the respondents 2 & 3 ought to have issued an application for loan to the petitioner. In such circumstances, the respondents 2 & 3 are directed to furnish the loan application forthwith, to the writ petitioner or his son, who shall submit the same along with necessary documents, for grant of educational loan, within a period of ten days thereafter. On receipt of the above said application, the respondents 2 & 3 shall consider the same within 10 days and if the petitioner satisfies the eligibility criteria and other conditions, contemplated in the guidelines for grant of educational loan, appropriate sanction orders should be issued, keeping in mind the interest of the petitioner's son to pursue higher education. At the risk of repetition, the respondents should also keep in mind that there is no graduate in the petitioner's family and that he should be encouraged and financially assisted. 6. With the above directions, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Collector, Pudukkottai District. 2.The Manager, Indian Overseas Bank, Aavanathankottai, Aranthangi Taluk, Pudukkottai District. 3.The Regional Manager, Indian Overseas Bank, College Road, Subramaniapuram, Karaikudi, Sivagangai District. +1 CC to Special Government Pleader (SR.Mo.32896) Order made in W.P.(MD)No.9741 of 2011 and M.P.(MD).No.1 of 2011 22.09.2011 gcg' NSV/23.9.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/