Writ petition filed to quash bank's rejection of educational loan application. Dismissed holding that financial eligibility based on CIBIL score was not justiciable by the court.
Writ petition dismissed; liberty granted to petitioner to work out remedy known to law.
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W.P. No.210 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P. No.210 of 2020 and
W.M.P. No.240 of 2020
M.Theyaneswaran
... Petitioner Vs
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the relating to the impugned proceedings dated 12.12.2019 passed in No.AGM:R4:COMPL:
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on the file of the respondent herein, quash the same and consequently direct the respondent herein to sanction the educational loan of Rs.4,85,950/under SBI student Loan Scheme to the petitioner for pursuing his MBBS course.
For Petitioner : Mr.T. Govi Ganesan For Respondents : Mr.M.Karthikeyan for R1 Ms.C. Vidhya for R2
ORDER
This writ petition has been filed challenging the impugned Proceedings dated 12.12.2019 passed by the 1st respondent and to quash the same and consequently direct them to sanction the educational loan of Rs.4,85,950/-
to the petitioner for pursuing his M.B.B.S. course.
with the respondent bank for pursuing his M.B.B.S. Course and for which his father has given an undertaking to act as a co-applicant. However, the said application has been rejected by the 1st respondent vide their Proceedings dated 12.12.2019 stating the outstanding prevailing on the petitioner's father home loan account. He further submits that the outstanding lying in the petitioner's father home loan account cannot be
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held against the petitioner and therefore, the petitioner is entitled for educational loan. Challenging the said impugned rejection Proceedings, dated 12.12.2019, the petitioner has filed this writ petition with the aforesaid prayer.
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Proceedings issued by the 1st respondent warrants no interference by this Court. Hence, he prays for dismissal of this writ petition.
the submissions made by the learned counsel for the 1st respondent and prays for dismissal of this writ petition.
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cannot be granted.
12.04.2023
Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2
To 1. The Chief Manager, M/s.State Bank of India, Old Bangalore Road Branch, M.M.Reddy Complex, Old Bangalore Road, Hosur – 635 109, Krishnagiri District.
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M.DHANDAPANI, J.
vsi2
W.P. No.210 of 2020
12.04.2023
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2 issues framed by the court
Whether the High Court could interfere with the bank's decision to reject an educational loan application based on a low CIBIL score.
Whether the rejection of the petitioner's loan application was sustainable and legal given the father's outstanding home loan reflected in the credit report.
1 provisions across 1 enactments
M.Theyaneswaran
The Chief Manager, M/s.State Bank of India, Old Bangalore Road Branch
The Managing Director, Transunion Cibil Ltd.
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
