JUDGMENT By the Court.—Heard Sri V.K. Upadhyay, for the petitioner. Sri Manish Mehrotra appears for respondents Indian Overseas Bank. 2. The petitioner has applied for renewal of the Kisan Credit Card. The Manager of the Indian Overseas Bank, Branch Jandhera, Tehsil Rampur, District Saharanpur vide his letter dated 7.11.2009 communicated to him as follows : “We have studied your case. We are sorry to say that you are not eligible the above said loan as you have complete your 80 or more than eighty years. You are eligible only if your son’s name is added with your loan A/c’s - co borrower. Further your two sons has given it in writing not to sanction this loan to our own father as he is not feeling well. “ 3. The petitioner claims in his affidavit to be seventy years old, and has challenged the discretion of the bank, to refue to give him credit on wrong and incorrect facts and on objections raised by his sons. 4. The bank has not accepted the petitioner’s request for renewal despite of completing all the formalities by the petitioner including furnishing bonds by guarantors and securities as well as agreement of mortgage of 1.774 hectares of land. 5. The counsel for the bank was asked to seek instructions. He has informed that the sons of the petitioner have made a complaint that the petitioner is aged about 80 years and is not keeping well, and thus the bank in its discretion given under paras 4.5 and 4.11 of IOB Kisan Credit Card Scheme, refused to renew the credit card issued to the petitioner. 6. Para 1 of the scheme gives the eligibility of the farmers, for issuance of IOB Kisan Credit Card. Paras 4.5 and 4.11 give discretion to the Bank to refuse to reissue/renew/replace the card without notice or assigning any reason. 7. The Indian Overseas Bank carries on banking business, on the licence given to it by the Reserve Bank of India under the Banking Regulation Act. The scheme floated by the bank for the purpose of issuing credit card has to be applied to the benefits of all eligible persons without any discrimination. 7. The Indian Overseas Bank carries on banking business, on the licence given to it by the Reserve Bank of India under the Banking Regulation Act. The scheme floated by the bank for the purpose of issuing credit card has to be applied to the benefits of all eligible persons without any discrimination. We do not find anything in the scheme, which may allow the bank to exercise its discretion against a person who is old in age, or that the bank may refuse to issue credit on the objections of his sons, who will be inheriting the properties from him. 8. The petitioner has given his age as 70 years, in the affidavit, and alleges that he is physically fit for doing farming independently. His sons do not have right to object to issuance of the credit-card facility by the bank to him to availor availing credit for farming. 9. The Bank has not given any other reasons to refuse credit. The Bank is required to treat all its customers equally and to base its decision for the reasons given in the scheme or on the prudence of the banking business. In this case, the bank has not given good reasons to exercise its discretion to refuse credit to the petitioner. 10. We are further of the opinion that with the rise of expectancy of life and the breaking up of united families, it is not appropriate for the bank to refuse to grant credit-facility to senior citizens, if they are eligible, and comply with other conditions. The senior citizens have equal right to do business, and choose their vocation including or farming for livelihood. Their age should not be treated as disability for the purpose of refusing to grant loan, if they are otherwise credit worthy. The discrimination only on the ground of age will violates their rights under Article 14 of the Constitution of India. It will also violate their rights of livelihood under Article 21 of the Constitution of India. 11. The nationalized banks have started special scheme of ‘reverse mortgage’ for the senior citizens, to take care of their needs, for their survival, in case their children do not support them, from out of the immovable properties owned by them. The scheme of ‘reverse mortgage’ of immovable properties takes care of the needs of the rising population of senior citizens in the country. The scheme of ‘reverse mortgage’ of immovable properties takes care of the needs of the rising population of senior citizens in the country. The refusal of the bank to grant loan to credit-worthy senior citizens only on the ground of age, or objections raised by their children, is grossly illegal, arbitrary and unjust. 12. The writ petition is allowed. The letter dated 7.11.2009 of the bank is quashed. The respondent bank is directed to renew the Kisan Credit Card of the petitioner without any delay. —————