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2013 DIGILAW 423 (MAD)

M. Ramprakash v. General Manager, State Bank of India

2013-01-21

D.HARIPARANTHAMAN

body2013
JUDGMENT 1. The writ petition has been filed seeking a direction to the first respondent to sanction educational loan to the petitioner based on the educational loan application dated 27.01.2012. 2. The petitioner joined B.E (Electronics and Communication Engineering) course in Dr. Navalar Nedunchezhiyan College of Engineering, Tholudur, Cuddalore District during the academic year 2010-2011. 3. It is unfortunate that since the petitioner did not pay the fees, he was not permitted to write the semester examinations by the College. Therefore, he approached this Court and got order in his favour to write the semester examinations. However, the results were withheld by the College. 4. In such circumstances, the petitioner has made an application to the first respondent Bank seeking educational loan from the second year onwards. However, the Bank refused to sanction educational loan to the petitioner on the ground that he did not pass in all the examinations in the I year. 5. I have considered the submissions made on either side. 6. It is not in dispute that the petitioner was not allowed to write the I year semester examinations by the College, since he did not pay the fees due to the College. In such circumstances, he approached this Court and got order in his favouar to write the semester examinations. Though he was permitted to write the semester examinations, as per the order of this Court, the results were withheld. In such circumstances, the petitioner approached the first respondent Bank for sanctioning of educational loan from the second year onwards. 7. At this juncture, it is relevant to extract Letter No.COE/C71/2012, dated 10.12.2012 written by the Controller of Examinations, Anna University, Chennai to Thiru V. Shanmugasundaram, learned counsel appearing for the third respondent. "It is submitted that the Thiru M. Ramprakash a student of the Dr. Navalar Nedunchezhiyan College of Engineering, Cuddalore was not allowed to write the semester examinations by the said college as he was not paid the fees due to the college. Hence he has moved into the High Court of Madras to permit him to write the examinations citing various reasons. The Honourable High Court has passed orders to permit the students to write the examination. As per the court orders he was permitted to write the examination, but the results were withheld. Hence he has moved into the High Court of Madras to permit him to write the examinations citing various reasons. The Honourable High Court has passed orders to permit the students to write the examination. As per the court orders he was permitted to write the examination, but the results were withheld. But further on the directions of the court the results of the individual for the three semesters were released. But the 4th semester result was erroneously withheld in the examination held during the May/June 2012 assuming that there was no specific order for releasing the 4th semester examination. Now the individual has approached the court by filing a writ petition seeking orders to release the 4th semester examination. It is given to understand that the individual has already remitted the fees to the college in question, withholding the result of the 4th semester examination does not arise. As such the result of the student in question has been released on 08.12.2012 which was earlierly withheld. It is submitted further as the result of the individual has been published, this fact may be intimated to the Court. I therefore, request to you to inform the court about the facts." 8. The aforesaid letter makes it clear that the petitioner was not permitted to write the exams, as he failed to remit the fees and he was permitted to write the exams due to the orders of this Court. However, results were withheld. Subsequently, the results have been published and the petitioner/student had failed in some of the papers in the I year. 9. The student who is poor and is not able to pay the fees, has been subjected to serious mental stress and consequential hardship and could not prepare properly for the semester examinations in such circumstances. As the petitioner was not permitted by the College to write the semester examinations in the I year, he approached this Court and got an order to write the semester examinations and he passed in some of the papers. However, he failed in some papers also. 10. In my view, the petitioner should have approached the Bank on the earlier occasion itself seeking the educational loan i.e. for the first year itself. For one reason or other, he approached the Bank for the second year only. However, he failed in some papers also. 10. In my view, the petitioner should have approached the Bank on the earlier occasion itself seeking the educational loan i.e. for the first year itself. For one reason or other, he approached the Bank for the second year only. By that time, he was not permitted to write the semester examinations and he has faced ordeal. 11. The petitioner had approached the first respondent Bank for educational loan for the above course of study. He was replied by the first respondent Bank that he would apply for educational loan during the second year of his course. As per the reply of the first respondent Bank, the petitioner had approached the first respondent Bank for getting education loan in the second year. The Branch Manager, State Bank of India/first respondent in his letter dated 5.5.2010, has stated that the petitioner/student has not cleared the arrears in the second semester and hence, they refused to consider the loan application. While so, the petitioner filed this writ petition seeking direction to sanction educational loan for subsequent years. 12. I am of the view that the very purpose of the scheme for educational loan is to help the poor students, like the petitioner, who is not able to pay the fees and thereby, deprived of appearing in the semester examinations. Hence, this Court deems it fit to direct the first respondent Bank to sanction educational loan to the petitioner at the earliest. 13. Accordingly, the first respondent Bank is directed to sanction educational to the petitioner from the second year of the course onwards within a period of four weeks from today. 14. The writ petition is disposed of with the above said direction. No costs.