Ratri Chatterjee vs Union Of India & Ors
2023 Latest Caselaw 3954 Cal

   22
20.06.2023
   mb



              IN THE HIGH COURT AT CALCUTTA
             CONSTITUTIONAL WRIT JURISDICTION
                      APPELLATE SIDE

                     W.P.A. No. 9798 of 2023

                         Ratri Chatterjee
                                Vs.
                       Union of India & Ors.

                  Mr. Achyut Basu,
                  Ms. Punam Basu,
                  Mr. Rupchand Chakraborty,
                  Ms. Pritha Biswas
                                  ...for the petitioner

                  Mr. Sudipta Maiti
                                   ...for the Union of India

                  Mr. Debashis Saha
                                  ...for the State Bank of India


                  Learned counsel appearing for the petitioner

             submits that the petitioner applied for educational loan

             from respondent-State Bank of India on the strength of

her certificate from the West Bengal Nursing Council.

It is contended that as per the objectives of the relevant

scheme, that is, the Educational Loan Scheme for

pursuing higher education in India and abroad, the

Educational Loan Scheme outlined thereinbelow aims

at providing financial support from the banking system

to meritorious students for pursuing higher education

in India and abroad. The main emphasis is that a

meritorious student, though poor, is provided with an

opportunity to pursue education with the financial

support from the banking system with affordable terms

and conditions.

Clause 3 of the said Scheme provides for the

applicability of the Scheme, where it is stipulated that

the said Scheme could be adopted by all member-

banks of the Association or other banks and financial

institutions as may be advised by the Reserve Bank of

India. The Scheme provides broad guidelines to the

banks for operationalising the educational loan scheme

and the implementing bank will have the discretion to

make changes as deemed fit.

In the present case, it is submitted, the

application of the petitioner was refused on the ground

that INC (Indian Nursing Council) approval was not

available as on that date.

Learned counsel submits that the same is not a

valid reason for refusal. In such context, learned

counsel for the petitioner places reliance on a decision

of a learned Single Judge of the Kerala High Court

where it was observed that education is a matter of

great importance for the development of human

resources and empowerment of the country and is

progressively moving into the domain of private sector

and has become a very costly affair in course of time

and that there is a need for institutional funding in the

area to ensure that no deserving student is denied the

opportunity to pursue higher education for want of

financial support.

Learned counsel also places reliance on a

judgment of a coordinate Bench of this Court rendered

in W.P.A. No. 13053 of 2021 where, in a similar case,

the matter was remanded to the concerned bank and it

was observed that if the writ petitioner is able to

demonstrate before the respondent-authorities that

any of the institutions into which she was admitted is

approved by the Indian Nursing Council, the same may

be communicated to the bank after taking back the

original application materials.

Learned counsel appearing for the respondent-

bank controverts such contention and places reliance

on the provisions of the Indian Nursing Council Act,

1947. It is submitted that as per the said Act, which

governs the filed, it is only the Indian Nursing Council

which can recognize a particular institution. It is

submitted that within the said Scheme, the State

Nursing Council, particularly that of West Bengal, is

not recognized for the purpose of granting of such

certificate and/or issuance of educational loan.

Learned counsel for the Bank also hands over a

copy of list of the State Nursing Councils and

recognized Institutions offering GNM Programme

Inspected under Sections 13 and 14 of the INC Act for

the Academic Year 2021-2022 and it is argued that the

West Bengal Council, from which the petitioner claims

to have a certificate, is not one of such recognized

councils.

Be that as it may, insofar as the refusal of the

bank is concerned, it is apparent from Annexure P-3 at

page 29 of the writ petition that the only reason thereof

was that INC approval was not available as on that

date.

However, it is seen from the objectives of the

Educational Loan Scheme, as rightly contended by the

petitioner, that the same is a beneficial piece of

government scheme for the purpose of assisting

financially indigent students who are otherwise capable

of showing their potential for higher education, but are

unable to do so merely for the lack of financial support.

Keeping in view the object of such scheme, the

rejection of the petitioner's application in the present

case is cryptic and does not take into consideration

whether the Council from which the petitioner obtained

a certificate, that is, the West Bengal Nursing Council,

and the institutes covered thereunder, are qualified for

the purpose of making the petitioner eligible to claim

the benefit of the Scheme.

In any event, under the caption "Courses Eligible"

in Clause 5.1 of the Scheme, the expression used is

"Indian Nursing Council or any other regulatory body

as the case may be, if the course is pursued in India".

Note-1 thereunder also stipulates that the above list is

indicative in nature. Banks may approve other job-

oriented courses leading to technical/professional

degrees, etc., offered by recognized institutions under

the Scheme.

Other courses than those offered by reputed

institutions may also be considered on the basis of

employability in terms of Note-2 under the eligibility

criteria as stipulated under the Scheme itself.

Hence, within the broad scope of the said scheme,

it was well within the authority of the concerned bank

to consider the case of the petitioner in a lenient

perspective, particularly keeping in view the financial

condition of the petitioner and the fact that the scheme

was floated with the objective of benefiting such

candidates.

Be that as it may, in the absence of further

details, particularly in view of the fact that no specific

reasons, apart from the INC approval not being

available as on that date, having been given by the

Bank, the court is not in a position to decide the merits

of the case regarding the claim of the petitioner.

Be that as it may, W.P.A. No. 9798 of 2023 is

disposed of by remanding the matter to the

respondent-bank, that is, the State Bank of India,

directing the said bank and its concerned officials to

reconsider the application of the petitioner for getting

the benefit of the education loan scheme-in-question,

upon taking into consideration whether the

diploma/degree obtained by the petitioner can be

brought within the wider purview of the Educational

Scheme for the purpose of giving such loan.

Such exercise, it is expected, shall be completed

within a month from date, keeping in view the urgency

of the petitioner in pursuing her academic career in her

higher education in the field of nursing.

There will be no order as to costs.

Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)