Disposed

Aleesha A.S. v. Indian Overseas Bank Ltd.

Kerala HC18 Sept 2020WP(C)/17735/2020

Case brief

AI extract

What is this about?

A writ petition was filed seeking direction to a bank to disburse a sanctioned education loan for a BDS student who faced medical issues delaying her exams. The court directed the bank to consider the request with a liberal approach given the security furnished.

What did the court decide?

Direction to the second respondent to consider the petitioner's representations with a most liberal view and pass orders within two weeks.

Aleesha A.S. Vs Indian Overseas Bank Ltd. — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942

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WP(C).No.17735 OF 2020(N)

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PETITIONERS:

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1 ALEESHA A.S. AGED 22 YEARS PLAVILA PUTHEN BUNGLOW, VAZHIMUKKU, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT

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2 E.S.AMINA BHANU

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AGED 51 YEARS

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ADVOCATE, PLAVILA PUTHEN BUNGLOW, VAZHIMUKKU, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT

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BY ADV. SRI.BABU CHERUKARA

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RESPONDENTS:

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1 INDIAN OVERSEAS BANK LTD. ARALUMMOODU BRANCH, VAZHIMUKKU JN, BALARAMAPURAM P.O., NEYYATTINKARA, TRIVANDRUM DISTRICT,PIN-695 501 REPRESENTED BY ITS BRANCH MANGER

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2 THE REGIONAL MANAGER, INDIAN OVERSEAS BANK, REGIONAL OFFICE, I O B BUILDING, M.G.ROAD, PALAYAM, THIRUVANANTHAPURAM DISTRICT,PIN-695 034

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R1-2 BY ADV. SRI.SUNIL SHANKER R1-2 BY ADV. SMT.K.ARUNDHATHI R1-2 BY ADV. SMT.VIDYA GANGADHARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.17735/2020

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P.V.ASHA, J.

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W.P.(C) No.17735 of 2020

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Dated this the 18^th day of September, 2020

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JUDGMENT

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The first petitioner is a BDS student in Azeezia College of Dental Sciences and Research Centre, Mayyannoor, Kollam, who got admission in 2017-18. She had applied for an education loan in the year 2017. Even though that application was rejected, on reconsideration based on direction in Ext.P1 judgment, the Bank sanctioned the loan as per letter dated 30.10.2018 and the 1^st petitioner availed loan towards her fee for 1^st year to 3^rd year. Now the complaint of the petitioners is that the Bank did not release the fourth year fees insisting production of her marklists for the 2^nd and 3^rd year examinations. The petitioners submit that the student was not able to appear in the first year examination on medical grounds and therefore she could pass the first year examination only by appearing in the supplementary

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W.P.(C) No.17735/2020

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examination held in July 2019, results of which were published on 4.9.2020. It is stated that she produced Ext.P2 certificate issued from the college on 26.6.2020, according to which, she has been studying in the second year of the course. The respondent Bank took the stand that fee for the 4^th year cannot be granted to the student, who is studying in the 2^nd year and therefore payment cannot be continued in her case.

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It is stated that as per the University regulations, a student would be granted permission to attend the classes of the next year only after passing the previous examination. It is stated that the 1^st petitioner would have been in the 3^rd year, but for the medical reasons she is now studying in the 2^nd year and that the college is insisting payment of fees for the fourth year from the 3^rd year student. Even though the petitioner had submitted Exhibit-P4 representation to the 2^nd respondent on 27.7.2020 requesting for payment of fee before 30.7.2020, the Bank did not pay it. The Writ Petition was filed under the above circumstances seeking directions to the Bank to

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W.P.(C) No.17735/2020

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disburse the education loan for the fourth academic year in accordance with Exhibit-P2 certificate issued by the Azeezia College of Dental Sciences.

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In Exhibit-P2 certificate, the college has stated that the petitioner is a bonafide IV^th year BDS student of the college admitted in the academic year 2017-18.

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The respondents have filed a statement, according to which, the loan is sanctioned under Vidyajyothi Education Loan Scheme; loan amount can be released only in accordance with the norms and when the petitioner is actually studying in the second year of the course, loan amount cannot be released towards fees for the fourth year. It is stated that as per the norms, loan amount for each year of studies has to be released only after verification of completion of each year of the course and the mark lists. It is also stated that on production of Ext.P2 certificate, though the Bank addressed the College several times, calling for her academic records, the College did not respond to it.

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W.P.(C) No.17735/2020

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I heard the learned Counsel for the petitioner and

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the learned Standing Counsel for the Bank.

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The 1^st petitioner points out that it was only on

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account of medical grounds that she was unable to appear for the examination and she happened to attend the classes of the second year in accordance with the regulations of the University. The certificate issued by the college would show that the 1^st petitioner is a bonafide student. The second petitioner submits that sufficient security by way of property is already furnished towards the sanctioning of the loan.

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The learned Counsel for the petitioners submits that

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the petitioners have again approached the Regional Manager, submitting Exhibit-P6 as well as Exhibit-P7 representations along with the certificate issued by the college (produced along with I.A.No.2 of 2020) requesting to release the loan amount.

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The respondents do not have a case that the petitioner is not undergoing her studies in Azeezia College of

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W.P.(C) No.17735/2020

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Dental Sciences and it is seen that she has been undergoing studies without any break, though she could not attend the first year examination in time.

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Hence I am of the view that the Regional Manager

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has to consider the case of the petitioner taking a liberal approach, having regard to the purpose for which the scheme under which the loan is sanctioned. It is also seen that there is no specific provision in Exhibit-R1(a) norms which provide for verification of marks of the student or pass in the examination for continuing payment of the loan amount already sanctioned. As sufficient security - the property of the 2^nd petitioner, is already with the bank, there cannot be any reason for denying payment of the sanctioned amount of loan as there would not be any difficulty in realising the amount paid to the petitioners.

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In the above circumstances, there shall be a direction to the second respondent to consider Exhibits-P6 and P7 representations taking note of Exhibit-P5 certificate and also

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W.P.(C) No.17735/2020

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the security already furnished with the Bank, with a most liberal view. Orders shall be passed within a period of two

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weeks from the date of receipt of a copy of the judgment.

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The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE

csl

W.P.(C) No.17735/2020

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE JUDGMENT IN WPC NO.21088
	OF 2018 OF THE HON'BLE HIGH COURT OF
	KERALA,DATED 25.09.2018

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EXHIBIT P2	TRUE COPY OF THE PRINCIPAL SCIENCES AND	THE AZE RESE	CERTIFICATE ISSUED BY ZIA COLLEGE OF DENTAL ARCH DATED 05.06.2020
EXHIBIT P3	TRUE COPY OF KERALA UNIVER TRISSUR DATED PETITIONER	THE SITY 4.9	MARK LIST ISSUED BY OF HEALTH SCIENCES .2019 TO THE 1ST
EXHIBIT P4	TRUE COPY OF SUBMITTED BY 2ND RESPONDEN	THE THE T	REQUEST DATED 27.7.2020 PETITIONERS BEFORE THE
EXHIBIT P5	TRUE COPY OF AZEEZIA COLLE RESEARCH DATE	THE GE O D 26	CERTIFICATE ISSUED BY F DENTAL SCIENCE & /06/2020.
EXHIBIT P6	TRUE COPY OF 1ST RESPONDEN	THE T DA	LETTER ADDREZSED TO THE TED 16/09/2020
EXHIBIT P7	TRUE COPY OF 2ND RESPONDEN	THE T DA	LETTER ADDRESSED TO THE TED 16/09/2020.
EXHIBIT P8	TRUE COPY OF DATED 16/09/2	THE 020.	POSTAL RECEIPTS 2 NOS.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R1 (a)	TRUE COPY OF CREDIT SANCTION ADVICE DATED 12/11/2018.
EXHIBIT R1 (b)	TRUE COPY OF CERTIFICATE ISSUED BY COLLEGE DATED 26/06/2020.
EXHIBIT R1 (c)	TRUE COPY OF EMAIL DATED 04/08/2020.
EXHIBIT R1 (d)	TRUE COPY OF LETTER OF RESPONDENT BANK DATED 21/08/2020.

Aleesha A.S. v. Indian Overseas Bank Ltd.

Case brief

What is this about?

What did the court decide?

Aleesha A.S. v. Indian Overseas Bank Ltd.

Case brief

What is this about?

What did the court decide?

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