Allowed

The Branch Manager, Union Bank of India v. P.a.Hamsa

Kerala HC21 Aug 2013WA/663/2013

Case brief

AI extract

What is this about?

This appeal challenged an interim order directing a bank to disburse an education loan. The High Court held that the bank did not discriminate against the applicant since the course was的培训且 according to the valid 2012 scheme, loans for courses not leading to a degree or diploma were denied. The interim order was vacated.

What did the court decide?

Vacation of the interim order directing the sanctioning and disbursal of the education loan.

The Branch Manager, Union Bank of India Vs P.a.Hamsa — Banking and Recovery | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR

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& THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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WEDNESDAY, THE 21ST DAY OF AUGUST 2013/30TH SRAVANA, 1935

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WA.No. 663 of 2013 () IN WP(C).9786/2013

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AGAINST THE ORDER/JUDGMENT IN WP(C) 9786/2013 of HIGH COURT OF KERALA DATED 11-04-2013

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APPELLANT(S):

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1. THE BRANCH MANAGER, UNION BANK OF INDIA THAMMANAM PO, ERNAKULAM, PIN 682 032.

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2. UNION BANK OF INDIA REP.BY ITS DEPOUTY GENERAL MANAGER NODAL REGIONAL OFFICE, UNION BANK BHAVAN, M.G.ROAD KOCHI-35.

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BY ADV. SRI.A.S.P.KURUP, SC, UBI

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RESPONDENT(S):

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1. P.A.HAMSA S/O.ABDUL KHADER, POUNCHATHUNDI HOUSE, ANJUMURI ROAD THAMMANAM PO, ERNAKULAM, PIN 682 032.

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2. MAHINSHA.P.H, AGED 19 YEARS S/O.P.A.HAMSA, PUNCHATHUNDI HOUSE, ANJUMURI ROAD THAMMANAM PO, ERNAKULAM, PIN 682 032.

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R1 & 2 BY ADV. SRI.T.S.SHYAM PRASANTH

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA.No.663 of 2013

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APPELLANTS' EXHIBITS:

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ANNEXURE A1: COPY OF SCOPE OF APPROVAL DATED 30.7.2010 ISSUED BY CIVIL AVIATION DEPT TO M/S.SHA-SHIB AVIATION ACADEMY.

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ANNEXURE A2: COPY OF LETTER DATED 31.1.2013 ISSUED BY SHA-SHIB AVICATION ACADEMY TO THE SECOND PETITIONER.

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ANNEXURE A3: COPY OF CLARIFICATION ISSUED BY INDIAN BANKS ASSOCIATION.

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ANNEXURE A4: COPY OF EDUCATIONAL LOAN SCHEME DATED 28.4.2001.

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ANNEXURE A5: COPY OF LOAN APPLICATION DATED 18.9.2012 GIVEN BY GEO MATHEW TO RESPONDENT BANK.

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ANNEXURE A6: COPY OF CERTIFICATE DATED 22.8.2012 ISSUED BY SHA-SHIB AVIATION ACADEMY TO GEO MATHEW.

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ANNEUXRE A7: COPY OF CERTIFICATE DATED 22.8.2012 ISSUED BY SHA-SHIB AVIATION ACADEMY TO GEO MATHEW.

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ANNEXURE A8: COPY OF SANCTION NOTE DT.NIL.

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ANNEXURE A9: COPY OF EDUCATIONAL APPLICATION DATED 21.11.2012 SUBMITTED BY 2ND RESPONDENT.

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ANNEXURE A10: COPY OF CIRCULAR DATED 27.9.2012 ISSUED BY INDIAN BANKS ASSOCIATION.

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/TRUE COPY/

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PS TO JUDGE

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MANJULA CHELLUR, C.J & K.VINOD CHANDRAN, J.

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W.A.No.663 of 2013

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Dated this the 21^st day of August, 2013 JUDGMENT

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K.Vinod Chandran, J.

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Appellant-Bank is before us challenging the interim order dated 11.4.2013 of the learned Single Judge. As per the interim order, the learned Single Judge directed the sanctioning and disbursal of the education loan to the second writ petitioner, who is the second respondent herein. The interim order was passed on the submission of the second writ petitioner that his own classmate has availed education loan from the respondent-Bank and he was denied the education loan on the ground that the course did not lead to conferment of degree or diploma. The action of the Bank was challenged as arbitrary and discriminatory, in so far as declining the education loan only to the petitioner, while others were granted the facility.

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Before us, learned Standing Counsel appearing for the appellant Bank contended that Exhibit P3 scheme was one which

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WA.663/13 2

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was introduced in September, 2012 and that the same specifically declined consideration of any application for education loan where the course did not lead to conferment of degree or diploma. Admittedly, the course to which the second respondent has been admitted is a training course which does not lead to conferment of degree or diploma.

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However, on the specific ground of discrimination, we directed production of the application form of the second respondent's classmate, who is alleged to have been granted the education loan. Learned Standing Counsel for the Bank produced the application form by way of Annexure A5 which indicates that the same was submitted on 18.9.2012 and the sanction of the education loan was made on 8.10.2012 under a previous scheme. Undisputedly, the application of the second respondent was in November, 2012 after the introduction of the Scheme of 2012 wherein a specific prohibition was provided.

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In the teeth of the facts stated above, we are of the opinion that there is no discrimination occasioned in the refusal by the appellant Bank to consider the application for education loan, since the course admittedly did not lead to conferment of a

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WA.663/13

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degree or diploma. The same is in accordance with the terms of the scheme applicable at the time when the respondent made his application. In the circumstances, we are of the opinion that the

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interim order is not sustainable and we vacate the same.

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The Writ Appeal is allowed. No costs.

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MANJULA CHELLUR, CHIEF JUSTICE

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K.VINOD CHANDRAN, JUDGE

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vgs21.8

The Branch Manager, Union Bank of India v. P.a.Hamsa

Case brief

What is this about?

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The Branch Manager, Union Bank of India v. P.a.Hamsa

Case brief

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