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2012 DIGILAW 2080 (MAD)

Thirugnanam v. State of Tamilnadu

2012-04-25

M.JAICHANDREN

body2012
Judgment :- 1. Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the second respondent. 2. This writ petition has been filed praying for a writ of Mandamus to direct the second respondent, to pay the sanctioned educational loan amount of Rs.2,50,000/-to the petitioner's son, Pugazhenthy, towards his educational loan, as per the Provisional Sanction letter, dated 20.08.2011, issued by the second respondent. 3. It had been submitted that, Pugazhenthy, had applied to the Indian Maritime University, (Central University, Government of India), to pursue B.Tech, Maritime Engineering Course, during the academic years 2010-2015. Based on the rank obtained by him in the Common Entrance Test conducted, by the Indian Maritime University and on the basis of the counselling held in the month of July, 2011, he had been provisionally admitted in the B.Tech Marine Engineering Course and he had been placed in the second respondent college. 4. It had been further submitted that the petitioner's son had paid the tuition fees, due to the third respondent college, as well as the other fees payable amounting to Rs.2,25,000/- for the first year of the course. Since, similar amounts had to be paid for the remaining three years, the petitioner had applied to the second respondent Bank for an educational loan. After verification of the documents submitted to the second respondent, the petitioner had been informed, vide communication, dated 20.08.2011, that T.Pugazhenthy, the son of the petitioner had been provisionally sanctioned a sum of Rs.2,50,000/-, repayable with interest at the rate of 13.75%, in 60 Equated Monthly Instalments. Thereafter, on enquiry, the petitioner had been informed that the amount of Rs.2,50,000/- had been sanctioned, by the second respondent Bank, for the entire course consisting of four years and a sum of Rs.65,000/-had been sanctioned as the educational loan, for the first year. Inspite of the representation made by the petitioner, to the second respondent to disburse the entire loan amount of Rs.2,50,000/-, which had been sanctioned, there was no response from the said Bank. Under such circumstances, the petitioner had preferred the present writ petition, before this Court, under Article 226 of the Constitution of India. 5. Inspite of the representation made by the petitioner, to the second respondent to disburse the entire loan amount of Rs.2,50,000/-, which had been sanctioned, there was no response from the said Bank. Under such circumstances, the petitioner had preferred the present writ petition, before this Court, under Article 226 of the Constitution of India. 5. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the second respondent Bank had submitted that only a sum of Rs.62,500/-could be sanctioned, as educational loan, in favour of the petitioner's son namely, T.Pugazhenthy, for the first year of Maritime Engineering Course, as per the letter, dated 2.8.2011, issued by the Committee on Fixation of Fee, in respect of Self Financing Professional Colleges. However, he had also submitted that the request of the petitioner would be considered in accordance with the guidelines of the Indian Banks' Association, relating to the Revised Model Educational Loan Scheme for pursuing higher studies in India and abroad, as well as the regulations issued by the Reserve Bank of India. 6. In view of the above said submissions made by the learned counsel appearing on behalf of the second respondent, this Court finds it appropriate to direct the second respondent to consider the application of petitioner, for the grant of educational loan, in view of the guidelines of the Indian Banks' Association and the regulations of the Reserve Bank of India, as well as the communication, dated 7.9.2010 issued by the Director (F&A), Indian Maritime University, showing the Course Fee Structure for B.Tech (Maritime Engineering Course) and the letter, dated 2.8.2011, issued by the Committee on Fixation of Fee, in respect of Self Financing Professional Colleges and to sanction the loan, for the academic year 2011-2012, accordingly. The second respondent shall sanction the educational loan, as directed by this Court, within a period of four weeks from the date of receipt of a copy of the order. 7. The writ petition is ordered accordingly. Consequently, connected M.P.No.1 of 2012 is closed. No costs.