Dimple John vs Union Of India
2022 Latest Caselaw 1460 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022/13TH MAGHA, 1943
                      WP(C) NO. 1192 OF 2022
PETITIONER:

         DIMPLE JOHN, AGED 24 YEARS,
         D/O.M.P.JOHN, MENACHERRY HOUSE,
         KARUMALLOOR P.O., ERNAKULAM - 683 511.

         BY ADVS.
         JOBY JACOB PULICKEKUDY
         ANIL GEORGE
         DAJISH JOHN
         HARIKRISHNAN P.
RESPONDENTS:

    1    UNION OF INDIA REPRESENTED BY SECRETARY,
         DEPARTMENT OF ECONOMIC AFFAIRS,
         MINISTRY OF FINANCE, NORTH BLOCK,
         NEW DELHI - 110 001.

    2    THE REGIONAL DIRECTOR,
         RESERVE BANK OF INDIA,
         BAKERY JN., P.B.NO.6507,
         THIRUVANANTHAPURAM - 695 033.

    3    THE REGIONAL HEAD,
         UNION BANK OF INDIA,
         REGIONAL OFFICE,
         PUTHUVELIL BUILDING, NH 47,
         BYEPASS JN., NEAR KSRTC BUS STAND,
         ALUVA - 683 101.

    4    THE BRANCH MANAGER, UNION BANK OF INDIA,
         KARUMALLOOR VIA ALUVA, ERNAKULAM - 683 511.

         BY ADV SHRI.A.S.P.KURUP, SC, UBI
         SRI.MANU S, ASGI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.1192/2022

                               2




                         JUDGMENT

Dated this the 2nd day of February, 2022

The petitioner is before this Court aggrieved by denial

of Educational Loan by the 4th respondent.

2. The petitioner is pursuing her studies in M.Sc.

Biotechnology Course. The petitioner states that she was

admitted to the course on Government merit quota for the

academic year 2021-'22.

3. The petitioner applied for Educational Loan from

the 4th respondent-Branch Manager of the Bank in

February, 2021 for pursuing M.Sc. Biotechnology Course.

The respondents intended to delay the process of the loan

application, contends the petitioner. Therefore, the 4 th

respondent should be directed to consider the petitioner's

Educational Loan application and take a decision

immediately.

WP(C)No.1192/2022

4. When this writ petition came up for hearing, the

learned Standing Counsel for the 4th respondent, on

instructions, submitted that the petitioner had not applied for

Educational Loan in the proper format. If the petitioner

submits application in the proper format supported by all

requisite documents, the 4th respondent can consider the

same in accordance with law, following the rules and

regulations applicable to Educational Loans framed by the

bank.

5. I have heard the learned counsel for the

petitioner and the learned Standing Counsel representing

respondents 3 and 4. In view of the nature of the relief to

be granted in this writ petition, notice to respondents 1 and

2 are dispensed with.

6. During the course of hearing, the learned

counsel for the petitioner submitted that the petitioner has

now submitted Ext.P11 application for Educational Loan in WP(C)No.1192/2022

the format prescribed by the 4th respondent-Bank. The

application was mailed on 20.01.2022. In view of the fact

that the petitioner has made application in the prescribed

format, this Court is of the view that the 4 th respondent

should consider it in accordance with law.

In the circumstances, the writ petition is disposed of

directing the 4th respondent to consider Ext.P11 Educational

Loan application submitted by the petitioner in accordance

with law and in terms of the rules and regulations applicable

for Educational loans, within a period of three weeks.

Sd/-

N. NAGARESH JUDGE ncd/03.02.2022 WP(C)No.1192/2022

APPENDIX OF WP(C) 1192/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE PHOTOCOPY OF NEW COURSE CERTIFICATE DATED 24/11/2021 ISSUED BY THE PRINCIPAL OF MES MK MACKAR PILLAI COLLEGE TO THE PETITIONER. Exhibit P2 THE TRUE PHOTOCOPY OF CERTIFICATE IN THE QUALIFYING EXAMINATION.

Exhibit P3 TRUE PHOTOCOPY OF INCOME CERTIFICATE DATED 24/11/2021.

Exhibit P4 TRUE PHOTOCOPY OF LAWYER NOTICE DATED 04/11/2021.

Exhibit P5 TRUE PHOTOCOPY OF REPLY NOTICE DATED 18/11/2021.

Exhibit P6 TRUE PHOTOSTAT OF RESUBMITTED LOAN APPLICATION WITH ALL THE RELEVANT DOCUMENTS DATED 26/11/2021.

Exhibit P7 TRUE PHOTOCOPY OF POSTAL RECEIPT DATED 02/12/2021.

Exhibit P8 TRUE PHOTOCOPY OF CIRCULAR ISSUED BY THE RESERVE BANK OF INDIA DATED 28/04/2001.

Exhibit P9 TRUE PHOTOCOPY OF JUDGMENT IN WPC 15428/2021.

Exhibit P10 TRUE PHOTOCOPY OF JUDGMENT IN WPC 10968/2020.

Exhibit P11         THE    TRUE    PHOTOCOPY    OF    LOAN
                    APPLLICATION    IN   THE    PRESCRIBED
                    FORMAT.