Francis Thomas vs State Of Kerala Rep. By District ...
2023 Latest Caselaw 8610 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

         WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945

                               WP(C) NO. 2493 OF 2023

PETITIONERS:

     1         FRANCIS THOMAS, AGED 52 YEARS,KANNOTHUMKUZHIYIL HOUSE, MANKULAM
               P O PIN: 685 565, MANKULAM VILLAGE, DEVIKULAM TALUK, IDUKKI
               DISTRICT, PIN - 685565

     2         SIJIMOL FRANCIS, AGED 19 YEARS,KANNOTHUMKUZHIYIL HOUSE,
               MANKULAM P O PIN: 685 565, MANKULAM VILLAGE, DEVIKULAM TALUK,
               IDUKKI DISTRICT, PIN - 685565

               BY ADVS.
               BOBBY GEORGE
               JOY C. PAUL
               ELDHOSE JOY
               BABY SIMON
               REEJO JOHNSON
               NOBLE GEORGE


RESPONDENTS:

     1         STATE OF KERALA REP. BY DISTRICT COLLECTOR IDUKKI
               PAINAVU, KUYILIMALA PIN: 685603, IDUKKI TALUK, IDUKKI
               DISTRICT., PIN - 685603

     2         FEDERAL BANK MANKULAM BRANCH REPRESENTED BY ITS BRANCH MANAGER,
               MANKULAM P O, PIN 685565 ,MANKULAM VILLAGE, DEVIKULAM TALUK ,
               IDUKKI DISTRICT, PIN - 685565

     3         UNION BANK OF INDIA (LEAD BANK) THODUPUZHA,REP BY ITS BRANCH
               MANAGER, THODUPUZHA P O, PIN 685584, THODUPUZHA VILLAGE,
               THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685584

               BY ADVS.
               MADHU RADHAKRISHNAN (STANDING COUNSEL)
               NELSON JOSEPH(K/380/2007)
               M.D.JOSEPH(K/839/2008)
               DEEPAK ASHOK KUMAR(K/1624/2018)

               SENIOR GP - SMT.REKHA C NAIR


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.08.2023,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.2493 of 2023             2


                      VIJU ABRAHAM, J.
                     ------------------
                  W.P.(C). No.2493 of 2023
              --------------------------------
           Dated this the 9th day of August, 2023

                               JUDGMENT

Petitioner has approached this Court seeking a

direction to respondent Nos.2 and 3 to provide

education loan as per Ext.P3 to the 2nd petitioner

for undergoing her studies.

2. The 1st petitioner is the father of the 2nd

petitioner. The 2nd petitioner has completed the

Plus Two Course and she got 92% marks in the plus

two examinations, as is evident from Ext.P1.

Petitioner intend to join the nursing profession

and took admission in the MSB (Madala Sakunthala

Bhaskar) College of Nursing in Andhra Pradesh and

admission was confirmed as per Ext.P2. A perusal

of Ext.P2 revealed that the 2nd petitioner has been

provisionally admitted to 1st year Basic Bachelor

of Science in Nursing (B.Sc Nursing) program

through merit basis in their institution for the

academic year 2022-2023. Petitioner had applied

for education loan to the tune of Rs.3,99,000/-.

An estimation certificate produced as Ext.P3 would

show that the total expense for the said course is

approximately Rs.4,34,500/-. Thereafter, Ext.P6

application was submitted for education loan. The

bank without appreciating the request made by the

petitioners in a proper manner sanctioned loan

only to the tune of Rs.2,25,000/-. Thereupon, the

1st petitioner made Ext.P7 request before the 3rd

respondent, who is the Lead Bank Manager of the

Bank. In Ext.P7, petitioners submit that until and

unless the loan amount sought for is sanctioned,

the 2nd petitioner will not be able to undergo the

study, since they belonging to the poor status of

the society.

3. An affidavit has been filed by the 2 nd

respondent wherein it is stated that loans have

been sanctioned on the basis of Ext.R3 scheme,

wherein it is specifically mandates that the

applicant student should have secured admission to

a higher education course in recognized

institutions in India or Abroad through Entrance

Test/Merit Based Selection process after

completion of HSC (10 plus 2 or equivalent) and

since the 2nd petitioner has not secured admission

to the course through any Entrance Test/Merit

Based Selection process, the petitioner is not

entitled for loan.

4. I have heard the contentions on both sides.

5. It is an admitted fact that going by

Ext.P1, the petitioner has secured 92% marks in

the plus two examinations and that she had

obtained admission to Nursing Course, as is

evident from Ext.P2. In Ext.P2 certificate issued

by the College, it is specifically stated that the

2nd petitioner has secured admission through merit

basis in the said institution. Going by the terms

of Ext.R3 scheme, the applicant should have

secured admission through entrance

examination/merit based selection. The petitioner

has secured admission on a merit based selection,

as is evident from Ext.P2. Another aspect of the

matter is that if Bank had a case that the

petitioner has not secured admission through an

entrance/merit based selection they would not have

sanctioned the loan even to the tune of

Rs.2,25,000/-. In view of the fact that the loan

has been sanctioned in part and further that the

statement in Ext.P2 admission confirms that the

admission has been secured by the petitioner on

merit basis, I find no reason to accept the

contention now taken by the bank based on Ext.R3

scheme produced along with the affidavit filed by

the 2nd respondent.

Therefore, the above writ petition is disposed

of directing the respondent bank to reconsider

Ext.P6 application for loan submitted by the

petitioners and to release the balance portion of

the loan applied for as requested in Ext.P6

application. A decision in this regard shall be

taken within a period of 6 weeks from the date of

receipt of a copy of this judgment.

sd/-

VIJU ABRAHAM,JUDGE

pm

APPENDIX OF WP(C) 2493/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATIONS, GOVERNMENT OF KERALA TO THE SECOND PETITIONER DATED 21/6/2022

Exhibit P2 THE TRUE COPY OF THE PROVISIONAL ADMISSION CONFIRMATION DATED 29.06.2022 ISSUED BY THE PRINCIPLE, MSB COLLAGE OF NURSING GUNTUR IN FAVOUR OF THE SECOND PETITIONER.

Exhibit P3 THE TRUE COPY OF THE ESTIMATION CERTIFICATE DATED 27.07.2022 ISSUED BY THE PRINCIPAL MSB COLLAGE OF NURSING, GUNTUR SHOWING THE FEES STRUCTURE OF THE SECOND PETITIONER.

Exhibit P4 THE LETTER ISSUED BY THE PRINCIPAL MSB STATING THAT THE MSB COLLEGE IS APPROVED BY THE INDIAN NURSING COUNCIL DATED 22/4/2022

Exhibit P5 THE TRUE COPY OF THE INCOME CERTIFICATE DATED 22.4.2022, BEARING NO. 64514289 ISSUED BY THE VILLAGE OFFICER, MANKULAM IN FAVOR OF THE FIRST PETITIONER

Exhibit P6 TRUE COPY OF THE VIDYALAKSHMI COMMON EDUCATION LOAN APPLICATION FORM SUBMITTED BY THE PETITIONERS DATED 30/08/2022

Exhibit P7 THE TRUE COPY OF THE APPLICATION SUBMITTED TO THE 3RD RESPONDENT I.E. LEAD BANK MANAGER, UNION BANK OF INDIA, THODUPUZHA ON 11/1/2023

Exhibit P8 TRUE COPY OF THE POSTAL RECEIPT DATED 12/1/2023.

Exhibit P9 THE TRUE COPY OF THE APPLICATION DATED 11/1/2023 SUBMITTED TO THE DISTRICT COLLECTOR, IDUKKI BY THE FIRST

PETITIONER

Exhibit P10 TRUE COPY OF THE POSTAL RECEIPT DATED 12/1/2023.

RESPONDENT EXHIBITS

Exhibit R1 True copy of the circular No. 83/06.12.05/2000-01 dated April 28, 2001, issued by RBI

Exhibit R2 true copy of the FAQs dt. 7/9/2022 issued by the RBI on their Website

Exhibit R3 true copy of the Model Education Loan Scheme, 2021 formulated by the Indian Banker's Association