Semeera Jaison vs Assistant General Manager
2023 Latest Caselaw 1916 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 2ND DAY OF FEBRUARY 2023 / 13TH MAGHA, 1944
                      WP(C) NO. 9797 OF 2022
PETITIONER:

          SEMEERA JAISON
          AGED 19 YEARS, D/O. JAISON C.K,
          CHARUVILAYIL HOUSE,
          QUARTERS, NO. A37/146, HNL NAGAR,
          VELLOOR P.O, KOTTAYAM - 686616.

          BY ADV B.MOHANLAL


RESPONDENTS:

    1     ASSISTANT GENERAL MANAGER
          STATE BANK OF INDIA, RESMEC,
          PALA, PIN - 686575.

    2     THE BRANCH MANAGER,
          STATE BANK OF INDIA,
          VELLOOR P.O, KOTTAYAM - 686616.

    3     ADDL.R3. THE TAAN UNION CIBIL LIMITED
          ONE INDIA BULL CENTRE, TOWER 2A,
          19TH FLOOR, SENAPATHY BAPAT MARG,
          ELPHINSTONE ROAD, MUMBAI - 400 013,
          REPRESENTED BY ITS MANAGING DIRECTOR.
          [ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
          19.05.2022 IN I.A.5/2022 IN WP(C)9797/2022.]

          BY ADVS.
          S.AMBILY
          C.AJITH KUMAR
          K.K.CHANDRAN PILLAI (SR.)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.02.2023, ALONG WITH RP.449/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                       2

W.P.(C) No.9797 of 2022



                              JUDGMENT

Dated this the 2nd day of February, 2023

The petitioner approached this Court since the application for

Education Loan submitted by the petitioner on 31.05.2021 was

returned by the 2nd respondent-Bank Manager.

2. Ext.P6 communication returning the application would

show that certain reasons are given for returning the application.

Ext.P6 directs the petitioner to verify the CIC reports of the

applicants/co-applicants, if any overdue / DPD observes take

deviations from the controller or else follow the circular

instructions.

3. The petitioner states that the credit score of the

co-applicant in respect of the petitioner was shown as 627 against

the stipulated score of 685. This is evident from Ext.P4.

Subsequently, as per Ext.P5, it is seen that the CIBIL score of the

co-applicant of the petitioner has been improved to 696 as per the

latest search. Therefore, at present the credit score of the

W.P.(C) No.9797 of 2022

petitioner's co-applicant is above the stipulated score of 685. The

Standing Counsel would submit that if the petitioner desires to

avail the Education Loan Subsidy, she will have to apply for a loan

through the National Portal. This Court is of the view that this is a

matter to be left to the petitioner.

4. In view of the improvement of the credit score of the

co-applicant, this Court is of the view that the 1 st respondent-Bank

can reconsider the application submitted by the petitioner in the

light of Ext.P5.

5. If the petitioner resubmits the application with all

supporting documents, the 1st respondent-Bank shall consider the

same in accordance with the Education Loan Scheme of the Bank

and take a decision thereon expeditiously, within a period of two

months.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ams

W.P.(C) No.9797 of 2022

APPENDIX OF WP(C) 9797/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE DATED 03.05.2018 OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE BOARD OF HIGHER SECONDARY EXAMINATION CERTIFICATE DATED 15.07.2020 OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE LOAN APPLICATION DATED 31.05.2021 SUBMITTED BY THE PETITIONER.

Exhibit P4                  TRUE COPY OF THE COMMUNICATION DATED
                            18.09.2021  ADDRESSED     BY  THE 2ND
                            RESPONDENT  BRANCH    MANAGER  TO THE
                            PETITIONER.
Exhibit P5                  TRUE COPY OF THE RECOMMENDATION DATED
                            28.10.2021    ADDRESSED TOT  HE    1ST

RESPONDENT, AGM, BY THE 2ND RESPONDENT BRANCH MANAGER.

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 01.11.2021 ADDRESSED TO THE PETITIONER BY THE 1ST RESPONDENT AGM.

Exhibit P7 TRUE COPY OF THE EMAIL COMMUNICATION DATED 10.03.2022 ADDRESSED TO THE PETITIONER BY THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE CIRCULAR DATED 28.10.2021 ISSUED BY THE RESERVE BANK OF INDIA.

Exhibit P9 TRUE COPY OF THE CIRCULAR DATED 5.4.2022 ISSUED BY THE CENTRE FOR PROFESSIONAL AND ADVANCED STUDIES Exhibit P10 THE TRUE COPY OF THE CERTIFICATE NO.35/CASH/SME/GNR/2021 DATED 25/02/2021 ISSUED BY THE DIRECTOR, CENTRE FOR PROFESSIONAL AND ADVANCED STUDIES, KOTTAYAM ISSUED TO THE PETITIONER. Exhibit P11 THE TRUE COPY OF THE CERTIFICATE DATED

W.P.(C) No.9797 of 2022

30/9/2021 ISSUED BY THE SUNDARAM FINANCE LIMITED TO THE MOTHER OF THE PETITIONER. Exhibit P12 THE TRUE COPY OF THE JUDGMENT DATED 3/12/2019 IN WPC NO.19248/2019 OF THIS HON'BLE COURT Exhibit P13 THE TRUE COPY OF THE JUDGMENT DATED 3/7/2020 IN WPC NO.10968/2020 OF THIS HON'BLE COURT Exhibit P14 THE TRUE COPY OF THE JUDGMENT DATED 9/7/2021 IN WPC NO.6593/2021 OF THIS HON'BLE COURT RESPONDENT'S EXHIBITS Exhibit-R3 (a) True copy of the relevant pages of the report of Aditya Puri Committee. Exhibit-R3(b) True copy of the relevant pages of Circular No.RBI/2013-14/666 dated 27/06/14