Disposed

S.Karthikeyan v. the Branch Manager

Madras HC4 Sept 2014WP(MD)/13565/2014

Case brief

AI extract

What is this about?

High Court directed the respondent Bank to sanction an educational loan to the petitioner for his B.Tech. course within three weeks after he submits the required application form and credentials, including awards and recognition as a child scientist.

What did the court decide?

Direction to the petitioner to obtain and submit an educational loan application and request, and upon receipt, for the respondent Bank to consider and sanction the loan within three weeks.

S.Karthikeyan Vs the Branch Manager — Banking and Recovery | Madras HC (2014)

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S.Karthikeyan

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2014 CORAM:

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

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W.P.(MD) No.13565 of 2014

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... Petitioner

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-vs-

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The Branch Manager Bank of Baroda Karur Branch, Karur

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... Respondent

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondent herein to sanction educational loan to the petitioner for perusing B.Tech., Course to the tune of Rs.1,23,000/- per year as per the certificate, dated 19.07.2013, issued by the Director Admissions, Prist University, within the time frame fixed by this court.

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For Petitioner : Mr.S.Gokul Raj For Respondent : Mr.Pala Ramasamy

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O R D E R

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With the consent of both parties, this writ petition is taken up for final disposal.

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The petitioner seeks for issuance of a writ of mandamus to direct the respondent Bank to sanction educational loan to him for perusing B.Tech., Course, to the tune of Rs.1,23,000/- per year as per the certificate, dated 19.07.2013, issued by the Director Admissions, Prist University, within the time frame to be fixed by this Court.

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According to the petitioner, he has secured 341 marks in S.S.L.C., and 648 marks in H.S.C., and he has joined B.Tech Electrical and Electronics Engineering Course, which is a four years course, in Ponnaiyah Ramajayam Institute of Science and Technology, Prist University, Thanjavur. When his father approached the respondent Bank for grant of educational loan, based upon the fee structure issued by the college, he was called upon to pay yearly fee at Rs.1,23,000/-, however, no application was issued. Hence, his father submitted an application in writing on 10.06.2013 along with relevant certificates, but the respondent Bank refused to entertain his application. Therefore, the petitioner has approached this Court by filing this writ petition.

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The learned counsel for the respondent Bank submitted that the petitioner has not even submitted application before the respondent Bank for grant of educational loan and if the application is submitted, it will be considered in accordance with the Scheme. Further, it is https://hcservices.ecourts.gov.in/hcservices/ submitted that earlier the petitioner's brother availed educational loan from the respondent Bank and he become defaulter. In any event, that

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could not be a mitigating factor to refuse the petitioner's application for educational loan especially when certain credentials placed before this Court to show that the petitioner is recognized as a child scientist and he has participated in several programmes. Therefore, this Court is of the view that the petitioner should be encouraged and should be permitted to pursue his B.Tech., course since his father is unable to afford the fees as he is working in a private concern and he has no other source of income.

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In the light of the above, there will be a direction to the petitioner to approach the respondent Bank in person and obtain an application form for educational loan and submit the same after duly filling up along with all his credentials including the Award won by him and recognition as child scientist, to the respondent Bank and on receipt of the same the respondent Bank shall consider the same and sanction educational loan as per the approved fee structure and in terms of their guidelines, within a period of three weeks, from the date on which the petitioner approach the respondent Bank.

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With the above observation, the writ petition is disposed of. No costs.

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Sd/Assistant Registrar(T&P)

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\True copy\

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Sub Assistant Registrar

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To:

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The Branch Manager,Bank of Baroda, Karur Branch, Karur

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+1 CC TO M/S.S.GOKULRAJ, ADVOCATE SR.NO.50014

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+1 CC TO M/S.PALA RAMASAMY, ADVOCATE S.NO.50019

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W.P.(MD) No.13565 of 2014

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KRK

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NA/13/10/2014/P2/4C

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https://hcservices.ecourts.gov.in/hcservices/

S.Karthikeyan v. the Branch Manager

Case brief

What is this about?

What did the court decide?

S.Karthikeyan v. the Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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