Disposed

Dimple John v. Union of India

Kerala HC2 Feb 2022WP(C)/1192/2022

Case brief

AI extract

What is this about?

The petitioner approached the High Court via writ petition seeking consideration of her educational loan application denied by the bank. She submitted a new application in the prescribed format earlier. The court directed the branch manager to consider the application within three weeks, dispensing with notice to other respondents.

What did the court decide?

Directed the 4th respondent to consider the petitioner's Ext. P11 Educational Loan application in accordance with law within three weeks.

Dimple John Vs Union of India — Banking and Recovery | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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WEDNESDAY, THE 2^ND DAY OF FEBRUARY 2022/13TH MAGHA, 1943

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WP(C) NO. 1192 OF 2022

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PETITIONER:

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DIMPLE JOHN, AGED 24 YEARS, D/O.M.P.JOHN, MENACHERRY HOUSE, KARUMALLOOR P.O., ERNAKULAM - 683 511.

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BY ADVS. JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN HARIKRISHNAN P.

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY SECRETARY, DEPARTMENT OF ECONOMIC AFFAIRS, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI - 110 001.

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2 THE REGIONAL DIRECTOR, RESERVE BANK OF INDIA, BAKERY JN., P.B.NO.6507, THIRUVANANTHAPURAM - 695 033.

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3 THE REGIONAL HEAD, UNION BANK OF INDIA, REGIONAL OFFICE, PUTHUVELIL BUILDING, NH 47, BYEPASS JN., NEAR KSRTC BUS STAND, ALUVA - 683 101.

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4 THE BRANCH MANAGER, UNION BANK OF INDIA, KARUMALLOOR VIA ALUVA, ERNAKULAM - 683 511.

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BY ADV SHRI.A.S.P.KURUP, SC, UBI SRI.MANU S, ASGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.1192/2022

JUDGMENT

Dated this the 2^nd day of February, 2022

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The petitioner is before this Court aggrieved by denial of Educational Loan by the 4^th respondent.

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The petitioner is pursuing her studies in M.Sc. Biotechnology Course. The petitioner states that she was admitted to the course on Government merit quota for the academic year 2021-'22.

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The petitioner applied for Educational Loan from the 4^th respondent–Branch Manager of the Bank in February, 2021 for pursuing M.Sc. Biotechnology Course.

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The respondents intended to delay the process of the loan application, contends the petitioner. Therefore, the 4^th respondent should be directed to consider the petitioner's Educational Loan application and take a decision immediately.

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WP(C)No.1192/2022

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When this writ petition came up for hearing, the learned Standing Counsel for the 4^th respondent, on instructions, submitted that the petitioner had not applied for Educational Loan in the proper format. If the petitioner submits application in the proper format supported by all requisite documents, the 4^th respondent can consider the same in accordance with law, following the rules and regulations applicable to Educational Loans framed by the bank.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing respondents 3 and 4. In view of the nature of the relief to be granted in this writ petition, notice to respondents 1 and 2 are dispensed with.

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During the course of hearing, the learned counsel for the petitioner submitted that the petitioner has now submitted Ext.P11 application for Educational Loan in

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the format prescribed by the 4^th respondent–Bank. The application was mailed on 20.01.2022. In view of the fact that the petitioner has made application in the prescribed format, this Court is of the view that the 4^th respondent should consider it in accordance with law.

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In the circumstances, the writ petition is disposed of directing the 4^th respondent to consider Ext.P11 Educational Loan application submitted by the petitioner in accordance

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with law and in terms of the rules and regulations applicable

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for Educational loans, within a period of three weeks.

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Sd/-

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N. NAGARESH JUDGE

ncd/03.02.2022

APPENDIX OF WP(C) 1192/2022

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PETITIONER'S EXHIBITS

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Exhibit P1	THE TRUE PHOT	OCOP	Y OF	NEW COURSE
	CERTIFICATE DA	TED	24/11	/2021 ISSUED
	BY THE PRINCIP	AL	OF ME	S MK MACKAR
	PILLAI COLLEGE	TO T	HE PET	ITIONER.
Exhibit P2	THE TRUE PHOTOC THE QUALIFYING	OPY EXAM	OF CE INATIO	RTIFICATE IN N.
Exhibit P3	TRUE PHOTOCOPY DATED 24/11/202	OF 1.	INCOME	CERTIFICATE
Exhibit P4	TRUE PHOTOCOPY 04/11/2021.	OF L	AWYER	NOTICE DATED
Exhibit P5	TRUE PHOTOCOPY 18/11/2021.	OF	REPLY	NOTICE DATED
Exhibit P6	TRUE PHOTOSTAT	OF	RESU	BMITTED LOAN
	APPLICATION WI DOCUMENTS DATED	TH 26/	ALL 11/202	THE RELEVANT 1.
Exhibit P7	TRUE PHOTOCOPY DATED 02/12/202	O 1.	F POS	TAL RECEIPT
Exhibit P8	TRUE PHOTOCOPY	OF	CIRCUL	AR ISSUED BY
	THE RESERVE B 28/04/2001.	ANK	OF	INDIA DATED
Exhibit P9	TRUE PHOTOCOPY 15428/2021.	OF	JUDG	MENT IN WPC
Exhibit P10	TRUE PHOTOCOPY 10968/2020.	OF	JUDG	MENT IN WPC
Exhibit P11	THE TRUE	PHOT	OCOPY	OF LOAN
	APPLLICATION FORMAT.	IN	THE	PRESCRIBED

Dimple John v. Union of India

Case brief

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Dimple John v. Union of India

Case brief

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