Jimson Titus vs The Chief Manager
2021 Latest Caselaw 17136 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                         WP(C) NO. 14912 OF 2021


PETITIONERS:

     1       JIMSON TITUS,
             AGED 20 YEARS
             S/O. TITUS, THANNIPPILLY HOUSE,
             NADATHARA P.O., MINOR ROAD,
             THRISSUR, PIN-680751.

     2       TITUS T.A.,
             S/O. ANTHAPPAN, AGED 55 YEARS,
             THANNIPPILLY HOUSE, NADATHARA P.O.,
             MINOR ROAD, THRISSUR, PIN-680751.

     3       JESSY TITUS,
             W/O. TITUS, AGED 50 YEARS,
             THANNIPPILLY HOUSE, NADATHARA P.O.,
             MINOR ROAD, THRISSUR-680751.

             BY ADVS.
             SHERRY J. THOMAS
             JOEMON ANTONY



RESPONDENTS:

     1       THE CHIEF MANAGER,
             BANK OF BARODA, THRISSUR BRANCH,
             THIRUVAMBADY DEVASWOM BUILDING,
             ROUND WEST, THRISSUR, KERALA-680001.

     2       THE GENERAL MANAGER,
             RESERVE BANK OF INDIA,
             REGIONAL OFFICE, BANERJI ROAD,
             ERNAKULAM NORTH, KALOOR,
             ERNAKULAM-682018.
 WP(C) NO. 14912 OF 2021

                                2



            BY ADVS.
            NAGARAJ NARAYANAN
            SAIJO HASSAN
            BENOJ C AUGUSTIN
            RAFEEK. V.K.
            U.M.HASSAN
            P.PARVATHY
            AATHIRA SUNNY
            MANAS P HAMEED
            NASEEBA K.T.
            ELDHO.N.MONCY
            NAZRIN HALLAJ
            SHILPA M.RAJAN




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14912 OF 2021

                                      3




                                JUDGMENT

The writ petition has been filed challenging the

rejection of an education loan applied for by the

petitioner. In Ext.P8, the application has been

rejected for 3 reasons viz; (i) non-submission of

necessary documents like passing entrance examination

and interview (ii) proof regarding capacity to pay the

margin money for the tuition fee every year to the

satisfaction of the Bank (iii) that the entire amount

cannot be disbursed in one lot and it should only be

on a pro-rata basis, which was not acceptable to the

applicants. The petitioner submits that the amount of

loan sought for is only ₹7 lakhs and that they have no

objection in the Bank disbursing the loan amount on a

pro-rata basis. It is further submitted that they are

also willing to give collateral security to the

satisfaction of the Bank.

2. Even though a detailed counter affidavit has

been filed by the Bank, I am not going into the merits WP(C) NO. 14912 OF 2021

of the contentions since the petitioner has offered to

secure the loan with collateral security as well. The

counsel for the Bank on instructions submits that if

there is sufficient collateral security, there should

be no problem for the Bank to advance the education

loan.

In the above circumstances, the writ petition is

disposed of directing the 1st respondent to reconsider

the loan application submitted by the petitioner along

with the collateral security that is being offered by

the petitioner/or on his behalf and on the basis of

the submission of the petitioner that they are willing

to accept the loan on a pro-rata basis. Necessary

action shall be taken within one month from the date

of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE

Pn WP(C) NO. 14912 OF 2021

APPENDIX OF WP(C) 14912/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ADMISSION LETTER FROM THE PETRO MOHYLA BLACK SEA NATIONAL UNIVERSITY, AT UKRAINE, DATED 28/08/2020.

Exhibit P2 THE TRUE COPY OF THE BROCHURE OF THE DETAILS OF THE BARODA EDUCATION LOAN PUBLISHED BY THE 1ST RESPONDENT BANK.

Exhibit P3 THE TRUE COPY OF THE EDUCATIONAL LOAN APPLICATION FORM SUBMITTED BEFORE THE 1ST RESPONDENT DATED 20/01/2021.

Exhibit P4 THE TRUE COPY OF THE TUITION FEE DETAILS.

Exhibit P5 THE TRUE COPY OF THE ACCOUNT DETAILS OF THE PETITIONERS.

Exhibit P6 THE TRUE COPY OF THE STATEMENT FILED BY THE 1ST RESPONDENT BANK DATED 26/03/2021.

Exhibit P7 THE TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT IN WPC NO.6646/2021 DATED 02/06/2021.

Exhibit P8 THE TRUE COPY OF THE REJECTION ORDER DATED 16/06/2021.

Exhibit P9 THE TRUE COPY OF THE LETTER DATED 22/07/2021.

Exhibit P9(A) THE TRUE COPY OF THE RECEIPT.

Exhibit P10 CIRCULAR RPCD.PLNFS.BC. NO.83 DATED 28/04/2001 BY RBI.

WP(C) NO. 14912 OF 2021

EXHIBIT P11 THE TRUE COPY OF THE INVITATION FOR STUDY ISSUED BY THE UKRAINE MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE DATED 02.12.2020

EXHIBIT P11A THE TRUE COPY OF THE LOGIN ID AND DETAILS ISSUED FROM THE COLLEGE

EXHIBIT P11B THE TRUE COPY OF THE RESULT OF INTERNAL TEST OF 1ST PETITIONER

EXHIBIT P12 THE TRUE COPY OF THE DETAILS OF THE FEE SUBMITTED FOR PETITIONER'S BROTHER

EXHIBIT P13 THE TRUE COPY OF THE COPY OF THE LICENCE DEED DATED 25.03.2021