J. Udhayakumari v. Senior Manager State Bank of India
2012-09-21
D.HARIPARANTHAMAN
body2012
DigiLaw.ai
Judgment :- The petitioner's son joined B.E. (Computer Science) course in Aringar Anna Institute of Technology, Chennai during the academic year 2011-12. The duration of the course is four years. Originally the petitioner's husband made an application dated 27.7.2011 with the respondent Bank for educational loan to their son. Since her husband was a defaulter, the application was not considered and no orders were passed. In these circumstances, the petitioner's son made an another application dated 28.3.2012 wherein the petitioner was the co-applicant. However, the application for educational loan was rejected by an order dated 11.6.2012 on the ground that since the petitioner's son got admission under the management quota, he is not eligible for educational loan. 2. Counter affidavit has been filed by the respondent refuting the allegations. It is stated that the Indian Banks' Association framed the guidelines dated 30.8.2011 stating that a student who got admission under the management quota is not eligible for educational loan. The same was communicated to the respondent Bank by the Head Office in their circular dated 22.2.2012. The aforesaid policy came into effect from 2011-2012 onwards. Hence, the petitioner is not entitled to educational loan. 3. Heard both sides. 4. According to the respondent Bank, as per the circular issued by the Indian Banks' Association dated 30.8.2011, the revised scheme is applicable from the academic year 2011-12 onwards and therefore the petitioner is not entitled to educational loan. 5. But the stand of the Bank was negatived by a Division Bench of the Madurai Bench of this Court by its order dated 20.4.2012 made in a batch of cases in W.A.(MD) No. 1629 of 2011 and W.P.(MD) Nos. 8213 of 2011 etc., and it has been held by the Division Bench that the circular dated 30.8.2011 of the Indian Banks' Association could be applied only from the academic year 2012-13 onwards. In fact, I have considered a similar issue in the order dated 30.8.2012 in W.P.No. 16673 of 2012. Paragraphs 7,8 and 9 of said order are extracted hereunder:- "7. The circular dated 30.8.2011 of the Indian Bank Association revising the educational loan scheme could be applied only from the academic year 2012-13 onwards. Prior to the said scheme, there was no bar for granting educational loan to a student, who joined under the management quota.
Paragraphs 7,8 and 9 of said order are extracted hereunder:- "7. The circular dated 30.8.2011 of the Indian Bank Association revising the educational loan scheme could be applied only from the academic year 2012-13 onwards. Prior to the said scheme, there was no bar for granting educational loan to a student, who joined under the management quota. However, the learned single Judge applied the scheme and rejected the writ petition in W.P.(MD) No.10425 of 2011 which was filed seeking to quash the order, refusing the grant of educational loan, on the ground that he got admission under the management quota. The said view of the learned single Judge was disapproved by a Division Bench of this court in the aforesaid Writ Appeal. 8. The Division Bench of this court has categorically held that revised Educational Loan Scheme dated 30.8.2011 of the Indian Bank Association would come into operation from the academic year 2012-13. The relevant paragraphs in the aforesaid judgment are extracted hereunder:- "11. As per the IBA Model educational Loan Scheme merit is to be the sole criteria for eligibility and that admission under & quot; Management Quota & quot; is to be kept outside the scope of the scheme. As per the modified IBA Educational Scheme, emphasis is on Educational Loan Scheme to provide need based assistance to meritorious candidates. Worried over a rise in default on repaymetn of educational loans, in August, 2011, IBA asked the Banks to keep admission under" Management Quota" outside the scope of the scheme. In the said IBA Model Educational Loan Scheme, it was emphasized that merit, employment potential and consequent ability to repay the loan should be the criterion for sanctioning Educational Loan. Banks were asked to keep admission under Management Quota outside the scope of the scheme. Banks were asked to impose stringent terms and conditions and Banks would decide on the courses for which they will be given the student loans based on employability and consequent ability to repay the loan. IBA Model Educational Loan scheme, which kept the "Management Quota" outside the scope of the Scheme. Was sent to Government of INdia, Ministry of Finance, Department of Financial services for their perusal and suggestions. However, the said Scheme would come into force in the coming academic year 2012-2013. 12.
IBA Model Educational Loan scheme, which kept the "Management Quota" outside the scope of the Scheme. Was sent to Government of INdia, Ministry of Finance, Department of Financial services for their perusal and suggestions. However, the said Scheme would come into force in the coming academic year 2012-2013. 12. In the order dated 12.12.2011 made in W.P.(MD)No.10425 of 2011, learned single Judge in extenso extracted IBA Model Educational Scheme _ Circular No.CE/159 dated 30.08.2011. As rightly contended by Mr.A.Haja Mohideen, learned counsel for the appellant and also Mr.Maheswaran, learned Counsel appearing for the writ petitioner in W.P.(MD)No.1993 of 201, IBA Model Educational Loan Scheme dated 30.08.2011,which come into effect fro the academic year 2012-2013, is not applicable to the appellant. When the appellant is governed by revise IBA Guidelines in Circular No.83/2011, dated 28.4.2001, learned single Judge was not right in referring to the circular CE/159 dated 30.08.2011. Tot his limited extent we differ from the learned single Judge. 9. Hence, the respondent cannot decline to sanction educational loan. " Hence, the impugned order is quashed. 6. However, it is made clear that the petitioner could not ask for the loan for the amounts that were not authorised by the Committee on fixation of fee in respect of Self Financing Professional Colleges. The respondent is directed to sanction educational loan for the eligible amount as per the proceedings of the Committee on fixation of fee in respect of Self Financing Professional Colleges. The writ petition is allowed on the above terms. No costs.