Kerala High Court
Varsha Mariya Vinu vs The State Bank Of India on 8 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:83380
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 37960 OF 2024
PETITIONERS:
1 VARSHA MARIYA VINU
AGED 21 YEARS
D/O VINU JOSEPH, PUTHUKUNNATH HOUSE, PULIMALA,
THRIKKARIYOOR, THRIKKARIYOOR POST, KOTHAMANGALAM,
ERNAKULAM DISTRICT. PIN CODE 686692; REPRESENTED BY
POWER OF ATTORNEY HOLDER VINU JOSEPH, AGED 50 YEARS,
S/O (LATE) P.K JOSEPH, RESIDING AT PUTHUKUNNATH HOUSE,
PULIMALA, THRIKKARIYOOR VILLAGE, THRIKKARIYOOR POST,
KOTHAMANGALAM, ERNAKULAM DISTRICT., PIN - 686692.
2 VINU JOSEPH
AGED 50 YEARS
S/O (LATE) P.K JOSEPH, PUTHUKUNNATH HOUSE, PULIMALA,
THRIKKARIYOOR VILLAGE, THRIKKARIYOOR POST,
KOTHAMANGALAM, ERNAKULAM DISTRICT., PIN - 686692.
BY ADV JESWIN P.VARGHESE
RESPONDENTS:
1 THE STATE BANK OF INDIA
REPRESENTED BY THE BRANCH MANAGER, RASMACCC,
MUVATTUPUZHA POST, ERNAKULAM DISTRICT., PIN - 686673.
2 THE BRANCH MANAGER
STATE BANK OF INDIA, KOTHAMANGALAM BRANCH,
KOTHAMANGALAM POST, ERNAKULAM DISTRICT., PIN - 686691.
3 GLS INSTITUTE OF DESIGN
GLS UNIVERSITY, AHMADABAD, GUJARAT, REPRESENTED BY THE
DIRECTOR, PIN - 380006.
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WP(C) NO. 37960 OF 2024 2
BY ADVS.
Ambily S
RUPA R. NAIR(K/001021/2023)
K.K.CHANDRAN PILLAI (SR.)(C-41)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 37960 OF 2024 3
JUDGMENT
The petitioners have applied for an education loan of
Rs.7.5 lakhs for the 1st petitioner to continue her Bachelor of
Design Course. The Bank having expressed willingness to
sanction only Rs.3 lakhs, this writ petition is filed.
2. Heard, learned counsel for the petitioners and the
learned Senior Counsel appearing for the 1st respondent.
3. It is submitted by the learned Senior Counsel that
the decision to sanction only Rs.3 lakhs was taken based on
the fee structure of the Government Colleges for the course
being pursued by the 1st petitioner.
4. Learned counsel for the petitioners contended that
the guidelines and circulars issued by the Indian Banks
Association does not provide for any such comparison.
5. Having heard the learned counsel on either side
and having gone through the circulars, this Court is also of
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the opinion that reduction of the quantum loan applied for by
the petitioners, based on the fee structure in Government
Colleges, is improper, particularly when the 1 st petitioner is
pursuing her studies in a private college. Therefore, the Bank
is bound to reconsider Ext.P10 application, strictly in
accordance with the extant circulars.
The writ petition is accordingly disposed of directing
respondents 1 and 2 to consider Ext.P10 application and take
a reasoned decision thereon, in strict compliance of the
applicable circulars and schemes, within two weeks of receipt
of a copy of this judgment.
Sd/-
V.G.ARUN
JUDGE
Sru
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APPENDIX OF WP(C) 37960/2024
PETITIONERS EXHIBITS
Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED BY
THE 3RD RESPONDENT
Exhibit P2 A TRUE COPY OF SCHEDULE OF PAYMENT OF FEE
CERTIFIED BY THE 3RD RESPONDENT DATED
03.07.2023
Exhibit P3 A TRUE COPY OF 1ST PETITIONER'S MARKS
STATEMENT CUM CERTIFICATE FOR SECONDARY
SCHOOL EXAMINATION, 2020 ISSUED BY CBSE DATED
15.07.2020
Exhibit P4 A TRUE COPY OF 1ST PETITIONER'S MARKS
STATEMENT CUM CERTIFICATE FOR SENIOR SCHOOL
CERTIFICATE EXAMINATION, 2022 ISSUED BY CBSE
DATED 22.07.2022
Exhibit P5 A TRUE COPY OF THE RECEIPT FOR RS.50,000/-
ISSUED BY 3RD RESPONDENT DATED 06.05.2023
Exhibit P6 A TRUE COPY OF THE RECEIPT FOR RS.50,000/-
ISSUED BY 3RD RESPONDENT DATED 17.05.2023
Exhibit P7 A TRUE COPY OF RECEIPT FOR RS.49,000/- ISSUED
BY 3RD RESPONDENT DATED 11.06.2023
Exhibit P8 A TRUE COPY OF THE RECEIPT FOR RS.1,48,500/-
ISSUED BY 3RD RESPONDENT DATED .29.12.2023
Exhibit P9 A TRUE COPY OF THE RECEIPT FOR RS.1,48,500/-
ISSUED BY 3RD RESPONDENT DATED 20.07.2024
Exhibit P10 A TRUE COPY OF THE APPLICATION FOR
EDUCATIONAL LOAN SUBMITTED BY THE 1ST
PETITIONER BEFORE THE BRANCH MANAGER, STATE
BANK OF INDIA, KOTHAMANGALAM BRANCH DATED
03.01.2024
Exhibit P11 A TRUE COPY OF THE SALE DEED REGISTERED AS
DOCUMENT NO. 1987/2005 OF SRO, KOTHAMANGALAM
DATED 18.03.2005
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Exhibit P12 A TRUE COPY OF LAND TAX RECEIPT NO.
KL07060305044/2024 ISSUED BY VILLAGE OFFICER,
THRIKKARIYOOR DATED 03.07.2024
Exhibit P13 A TRUE COPY OF IBA MODEL EDUCATIONAL LOAN
SCHEME FOR PURSUING HIGHER EDUCATION IN INDIA
& ABROAD, PUBLISHED BY INDIAN BANK'S
ASSOCIATION IN 2022
