The writ petition was admitted on 13.01.2023 regarding a loan application rejection. The court recorded the petitioner's counsel's undertaking to comply with requirements and close the petition without delivering a substantive order. The quality is thin.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944
WP(C) NO. 694 OF 2023
PETITIONER:
NIZAMUDHEEN P, AGED 24 YEARS S/O SHOUKHATH ALI, POOZHITHARA HOUSE, KODUVALLY, KOZHIKODE., PIN - 673572
BY ADVS. ASHIK K.MOHAMED ALI MUHAMMED RIFA P.M. RAMSEENA N.
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF EDUCATION, SHASTRI BHAVAN, DR RAJENDRA PRASAD ROAD, NEW DELHI., PIN - 110001 2 RESERVE BANK OF INDIA MAIN BUILDING, SHAHID BHAGAT SINGH ROAD, MUMBAI, REPRESENTED BY ITS GOVERNOR., PIN - 400001 3 NATIONAL CREDIT GUARANTEE TRUSTEE COMPANY LTD BANDRA KURLA COMPLEX, BANDRA EAST MUMBAI, MAHARASHTRA, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER., PIN - 400051 4 STATE BANK OF INDIA SBI KODUVALLY BRANCH (CODE NO. 01442), CALICUT-WAYANAD ROAD, KOZHIKODE, REPRESENTED BY ITS BRANCH MANAGER., PIN - 673572 5 STATE BANK OF INDIA SBI KODUVALLY BRANCH (CODE NO. 71001), CALICUT-WAYANAD ROAD, KOZHIKODE, REPRESENTED BY ITS BRANCH MANAGER., PIN - 673572 6 STATE BANK OF INDIA SBI ZONAL OFFICE, JUBILEE BHAVAN, MINI BYPASS, ERANHIPALAM, KOZHIKODE., PIN - 673006
W.P.(C). 694/2023
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BY ADVS. S.MANU Ambily S K.K.CHANDRAN PILLAI (SR.)(C-41)
OTHER PRESENT:
DSGI S.MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). 694/2023
3
JUDGMENT
Dated this the 13th day of January, 2023
Learned Senior Counsel submits that the petitioner's loan application has been returned noting certain defects. It is submitted that if the petitioner has to leave the country, he can execute power of attorney in consultation with the Bank officials and the power of attorney holder can proceed with the further steps for getting the loan sanctioned. Before going abroad for his studies, the petitioner can also meet the loan sanctioning authority and get apprised about the requirements. It is assured that if the petitioner satisfies all the requirements, the needful, for sanctioning the loan, will be done.
W.P.(C). 694/2023
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The writ petition is closed recording the above
submissions.
Sd/-
V.G.ARUN
JUDGE
sb
W.P.(C). 694/2023
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APPENDIX OF WP(C) 694/2023
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE PROVISIONAL CERTIFICATE |
|---|---|
| DATED 01-04-2022 ISSUED BY MAHATMA GANDHI UNIVERSITY IN THE NAME OF THE PETITIONER. |
|
| Exhibit2 | TRUE COPY OF THE OFFER LETTER DATED 28-06- 2022 ISSUED BY BOURNEMOUTH UNIVERSITY IN THE NAME OF THE PETITIONER. |
| Exhibit P3 | TRUE COPY OF THE LETTER ISSUED BY BOURNEMOUTH UNIVERSITY SHOWING THE TUITION FEE. |
| Exhibit P4 | TRUE COPY OF THE DOCUMENT SHOWING PAYMENT MADE BY THE PETITIONER TO BOURNEMOUTH UNIVERSITY. |
| Exhibit P5 | TRUE COPY OF THE IELTS TEST REPORT DATED 02- 12-2022 IN THE NAME OF THE PETITIONER. |
| Exhibit6 | TRUE COPY OF THE LETTER DATED 05-12-2022 ISSUED BY BOURNEMOUTH UNIVERSITY TO THE PETITIONER. |
| Exhibit P7 | TRUE COPY OF THE EMAIL COMMUNICATION DATED 05-12-2022 OF BOURNEMOUTH UNIVERSITY TO THE PETITIONER. |
| Exhibit P8 | TRUE COPY OF THE CREDIT GUARANTEE FUND SCHEME FOR EDUCATIONAL LOANS ISSUED BY THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DEPARTMENT OF HIGHER EDUCATION). |
| Exhibit P9 | TRUE COPY OF THE EMAIL COMMUNICATION DATED 13-12-2022 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT BANK. |
| Exhibit P10 | TRUE COPY OF THE JUDGMENT DATED 03-07-2020 IN WP (C) NO. 10968 OF 2020 OF THIS HONOURABLE COURT. |
| Exhibit P11 | TRUE COPY OF THE JUDGMENT DATED 15-01-2021 IN WP (C) NO. 25336 OF 2020. |
W.P.(C). 694/2023
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| Exhibit12 | TRUE COPY OF THE COMMUNICATION DATED 13-12- 2022 OF THE 4TH RESPONDENT BANK. |
|---|---|
| Exhibit13 | TRUE COPY OF THE EMAIL COMMUNICATION DATED 13-12-2022 OF THE PETITIONER TO THE 4TH RESPONDENT BANK. |
| Exhibit P14 | TRUE COPY OF THE EMAIL COMMUNICATION DATED 16-12-2022 OF THE PETITIONER TO THE 5TH RESPONDENT BANK. |
| Exhibit P15 | TRUE COPY OF THE EMAIL COMMUNICATION DATED 19-12-2022 OF THE PETITIONER TO THE 5TH RESPONDENT BANK. |
| Exhibit P16 | TRUE COPY OF THE DOCUMENT SHOWING A POST BY THE PRESS INFORMATION BUREAU REGARDING EDUCATION LOANS. |
| Exhibit P17 | TRUE COPY OF THE REVISED GUIDANCE NOTES ON MODEL EDUCATION LOAN SCHEME FOR PURSUING HIGHER EDUCATION IN INDIA AND ABROAD. |
| Exhibit P18 | TRUE COPY OF THE IBA MODEL EDUCATIONAL LOAN SCHEME FOR PURSUING HIGHER EDUCATION IN INDIA AND ABROAD 2015. |
NIZAMUDHEEN P
UNION OF INDIA
RESERVE BANK OF INDIA
NATIONAL CREDIT GUARANTEE TRUSTEE COMPANY LTD
STATE BANK OF INDIA SBI KODUVALLY BRANCH (CODE NO. 01442)
STATE BANK OF INDIA SBI KODUVALLY BRANCH (CODE NO. 71001)
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
