Kerala High Court
The State Bank Of India vs Ajith Sajeevan on 2 April, 2025
WA NO. 1171 OF 2023
2025:KER:28680
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WA NO. 1171 OF 2023
AGAINST THE JUDGMENT DATED 05.05.2023 IN WP(C) NO.15714 OF
2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 STATE BANK OF INDIA,
REPRESENTED BY ITS BRANCH MANAGER, MUVATTUPUZHA BRANCH,
ARAMANA COMPLEX, MUVATTUPUZHA P.O., ERNAKULAM DISTRICT,
PIN - 686661
2 THE BRANCH MANAGER, STATE BANK OF INDIA,
MUVATTUPUZHA BRANCH, ARAMANA COMPLEX, MUVATTUPUZHA P.O.,
ERNAKULAM DISTRICT-, PIN - 686661
BY ADVS.
S.AMBILY
K.K.CHANDRAN PILLAI (SR.)
RESPONDENTS/PETITIONERS:
1 JOHN BABY,
AGED 19 YEARS
S/O.BABY VATTAKUNNEL, VATTAKUNNEL HOUSE, EAST MARADI
P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-, PIN - 686673
2 BABY VATTAKUNNEL,
S/O.PAULOSE, VATTAKUNNEL HOUSE, EAST MARADI P.O.,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686673
3 MATHEW,
S/O.BABY VATTAKUNNEL, VATTAKUNNEL HOUSE, EAST MARADI
P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-, PIN - 686673
WA NO. 1171 OF 2023
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BY ADVS.
JOHNSON MANAYANI
JEEVAN MATHEW MANAYANI(K/560/2011)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02.04.2025, ALONG
WITH WA.1174/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 1171 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WA NO. 1174 OF 2023
AGAINST THE JUDGMENT DATED 05.05.2023 IN WP(C) NO.14907 OF
2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 THE STATE BANK OF INDIA
KAPPISET BRACH (08786), CHETTAPALAM P.O., PULPALLY,
WAYANAD REPRESENTED BY ITS BRANCH MANAGER, PIN - 673579
2 THE BRANCH MANAGER,
KAPPISET BRACH (08786), CHETTAPALAM P.O., PULPALLY,
WAYANAD ., PIN - 673579
BY ADVS.
S.AMBILY
K.K.CHANDRAN PILLAI (SR.)
RESPONDENTS/PETITIONER:
AJITH SAJEEVAN
AGED 19 YEARS
S/O. SAJEEVAN, CHANDRAPURACKAL, PULPALLY, MARAKADAVU
P.O., WAYANAD-, PIN - 673579
BY ADV S.SHANAVAS KHAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02.04.2025, ALONG
WITH WA.1171/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
(Dated this the 2nd day of April 2025)
NITIN JAMDAR, C.J.
Heard Mr.K.K.Chandran Pillai, learned Senior Advocate
instructed by Ms.S.Ambily, learned counsel for the Appellants and
Mr.Jeevan Mathew Manayani, learned counsel for Respondents in
W.A.No.1171 of 2023 and Mr.S.Shanavas Khan, learned counsel for the
Respondent in W.A.No.1174 of 2023.
2. Both these appeals arise from the common judgment passed by
the learned Single Judge on 5 May 2023, disposing of W.P.(C)Nos.
14907 and 15714 of 2022. The petitions were filed by students who
were desirous of securing admission for B.Tech course after availing
education loans. The education loan could not be availed by the
Petitioners because of their credit rating. The learned Single Judge
disposed of the Writ Petitions and directed the Respondent, i.e., the
Appellant - Bank, to consider the education loan applications submitted
by the Petitioners without regard to their credit reports. Being aggrieved
by such a direction, the Appellant - Bank is in appeal before us.
3. When the appeals came up for consideration on 21 June 2023,
the impugned direction was stayed. The learned counsel for the
Respondent - Original Petitioner in W.A. No. 1171 of 2023 submitted
that the Petitioner improved his credit rating and obtained the education
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loan based on his credit rating and not on the basis of the impugned
judgment. As regards W.A. No. 1174 of 2023, the learned counsel for
the Petitioner submitted that, due to other reasons, the Petitioner did not
apply for the course and consequently, the loan.
4. Therefore, both the Petitioners have not taken advantage of the
impugned judgment. The judgment was also stayed during the pendency
of the appeals. Since the Respondents are not relying on the impugned
judgment and do not intend to take benefit of the same, it is not
necessary to entertain the appeals, as they have been rendered academic.
As regards the legal question as to whether such a direction could have
been issued, it is kept open to be urged in an appropriate case.
5. Declaring that the impugned judgment has lost its efficacy and
no longer binds the Appellant in these cases, the appeals are disposed of.
The question of law is kept open.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
rp
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PETITIONER ANNEXURES
ANNEXURE 1 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN
WPC 19248/2019 DATED 03.12.2019
ANNEXURE 2 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN
WPC 25211/2022 DATED 19.12.2022
ANNEXURE 3 COPY OF THE INITIAL MODEL EDUCATIONAL LOAN
SCHEME 2001 PUBLISHED BY THE INDIAN BANKS
ASSOCIATION
ANNEXURE 4 COPY OF THE LATEST MODEL EDUCATIONAL LOAN
SCHEME 2021 PUBLISHED BY THE INDIAN BANKS
ASSOCIATION
ANNEXURE 5 COPY OF THE RELEVANT PORTION OF THE MANUAL OF
LOANS AND ADVANCES DATED 30.09.2020
ANNEXURE 6 COPY OF THE RELEVANT PORTION OF THE CIRCULAR
ISSUED BY THE BANK GIVING INSTRUCTIONS AS
REGARDS THE GRANT OF EDUCATIONAL LOAN DATED
31.03.2022
WA NO. 1171 OF 2023
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PETITIONER ANNEXURES
Annexure A1 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN
WPC 19248/2019 DATED 03.12.2019
Annexure A2 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN
WPC 25211/2022 DATED 19.12.2022
Annexure A3 COPY OF THE INITIAL MODEL EDUCATIONAL LOAN
SCHEME 2001 PUBLISHED BY THE INDIAN BANKS
ASSOCIATION
Annexure A4 COPY OF THE LATEST MODEL EDUCATIONAL LOAN
SCHEME 2021 PUBLISHED BY THE INDIAN BANKS
ASSOCIATION
Annexure A5 COPY OF THE RELEVANT PORTION OF THE MANUAL OF
LOANS AND ADVANCES DATED 30.09.2020
Annexure A6 COPY OF THE RELEVANT PORTION OF THE CIRCULAR
ISSUED BY THE BANK GIVING INSTRUCTIONS AS
REGARDS THE GRANT OF EDUCATIONAL LOAN DATED
31.03.2022
