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2012 DIGILAW 3903 (MAD)

B. Anitha v. Manager, Punjab National Bank, Ambur Branch, Ambur

2012-09-14

D.HARIPARANTHAMAN

body2012
ORDER 1. The petitioner belongs to Scheduled Caste. The parents of the petitioner are illiterate and agricultural labourers. She is the first person in her family to go to college for pursuing higher studies. She lost her mother on 13.1.2010. Though the petitioner passed Higher Secondary examinations in 2005, she was not able to continue her higher education due to family circumstances and due to the poor health condition of her mother. Later, she joined B.Sc., (Nursing) in Noorie College of Nursing, Andrsonpet, Kolar District, Karnataka State. 2. The petitioner made an application dated 13.9.2011 to the respondent-Bank for educational loan. The course is of four years duration. She claimed Rs. 3,15,000/-. Her request was rejected by the respondent-Bank by the impugned letter dated 17.2.2012 on the ground that her academic performance at school level was poor. 3. The petitioner has filed this writ petition seeking to quash the aforesaid impugned letter dated 17.2.2012 and for a direction to the respondent-Bank to sanction the educational loan. 4. The respondent filed counter affidavit stating that the academic record of the petitioner at school level was very poor and therefore, she was not considered as a meritorious student. Hence, the petitioner was not granted the educational loan. 5. Heard both sides. 6. The learned counsel for the respondent-Bank has produced a circular dated 24.5.2010 of the respondent-Bank relating to the Education Loan Scheme. In the said scheme, it is not stated that the loan can be sanctioned only if the academic performance of the student was very good at the school level. 7. On the other hand, the respondent-Bank shall require the student to perform well on getting the loan. It is relevant to extract the clause relating to “Post Sanction Supervision” and the same is extracted hereunder: “Post Sanction Supervision The Bank will reserve the right of giving loan under this Scheme to any scholar continue/discontinue the yearly disbursement to a borrower under the Scheme, depending upon whether or not he/she shows good results at the institution he/she has joined for studies and whether or not reports about his/her conducts are satisfactory. Such reports will be required to be produced to the incumbents Incharge of the lending office before the start of each academic year subsequent to the first year. Such reports will be required to be produced to the incumbents Incharge of the lending office before the start of each academic year subsequent to the first year. Loan pass book (PNB 589) be issued to the borrower containing details such as date, sanction of loan, amount of loan sanctioned, subsidy received (if any) rate of interest, amount due under each installment, due date of installment, etc.” Therefore, there is no blanket ban for the Bank to sanction educational loan to a student on the ground that his/her academic record at school level was very poor. 8. In fact, I have noted in my order dated 16.9.2010 in W.P. No. 556 of 2010 that Dr. B.R. Ambedkar obtained only 287 marks out of 750 in the matriculation examinations and his educational need was taken care of by King of Baroda on the ground that he belongs to Scheduled Caste. 9. The petitioner has pleaded that her parents are agricultural labourers and they are economically weaker Section and nobody in her family has studied degree course. The petitioner belongs to Scheduled Caste. These facts shall be taken note of by the respondent-Bank while sanctioning educational loan. 10. It is not the case of the respondent-Bank that the petitioner does not possess the minimum educational qualification to join the course. The petitioner got admitted in B.Sc., (Nursing) Course. Hence, in my view, the respondent-Bank cannot deny educational loan on the ground that the academic record of the petitioner at school level was very poor. 11. As stated above, there is no such provision in the circular dated 24.5.2010 that the loan can be sanctioned only if the academic performance of the student was very good at the school level, which is enclosed in the typed set of the respondent. 12. At this juncture, it is also relevant to point out that the Government of India has brought the Educational Loan Scheme to help the economically weaker Sections and not even a third party guarantee is required for disbursement of loan upto Rs. 4,00,000/-. 13. It is admitted that the petitioner has joined in Hostel. Therefore, I am of the view that transport charges of Rs. 10,000/- could not be claimed. Hence, the respondent bank is directed to sanction the educational loan barring Rs. 40,000/- towards transportation for four years (Rs. 10,000 x 4). 14. 4,00,000/-. 13. It is admitted that the petitioner has joined in Hostel. Therefore, I am of the view that transport charges of Rs. 10,000/- could not be claimed. Hence, the respondent bank is directed to sanction the educational loan barring Rs. 40,000/- towards transportation for four years (Rs. 10,000 x 4). 14. In view of the above, the impugned letter dated 17.2.2012 is liable to be quashed. Accordingly, the same is quashed. The respondent-Bank is directed to sanction the educational loan to the petitioner in the above terms, within a period of four weeks from the date of receipt of a copy of this order. 15. The writ petition is allowed on the above terms. No costs. Petition allowed.