Pushpakala Devi v. Zonal Officer, Indian Bank, Madurai
2014-08-19
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment : 1. The petitioner seeks grant of educational loan to her son to pursue his six years MD-Physician course in Republic of Armenia which came to be returned by the respondents by the impugned proceedings for want of certain clarifications initially, by proceedings dated 07.03.2014, and after the petitioner submitted certain particulars, the application was returned by proceedings dated 02.04.2014 stating that the course of study of MD-Physician is 6 years course which is a Post-graduation course and the Medical Council of India recognizes only MBBS and Post-graduation is not recognised for the purpose of processing or considering the educational loan application of the petitioner's son. 2. The learned counsel appearing for the petitioner by referring to the information available in the website of the Embassy of India submitted that the course in which the petitioner is undergoing is only a under graduate course which is equivalent to a course of study in MBBS in India. With this material, the learned counsel for the petitioner submitted that the respondent bank should consider the petitioner's application for grant of educational loan to pursue her son's study of MD-Physician course in Republic of Armenia. 3. In the impugned proceedings, dated 02.04.2014, the respondent would state that the Medical Council of India recognises only MBBS and Post-graduation is not recognised. The petitioner submitted that the respondent bank are wrong in interpreting the notification issued by the Medical Council of India and the course which the petitioner's son is undergoing namely, MD-Physician course, is a recognised course. The petitioner's son is entitled to practise medicine after passing the screening test conducted by the Medical Council of India, on his return to India. These aspects have to be clarified by the petitioner by getting clarifications from the Medical Council of India. The petitioner has to establish that the course which her son undergoes is only a graduate course and not a Post-graduation course. 4. With these documents and clarifications, if the petitioner approaches the respondent bank, the respondent bank shall consider the application on merits and grant educational loan to the petitioner, if the petitioner is found to be otherwise eligible. The respondent bank shall consider the application as per the above direction within a period of four weeks from the date on which the petitioner approaches the second respondent bank with documents and clarifications. 5.
The respondent bank shall consider the application as per the above direction within a period of four weeks from the date on which the petitioner approaches the second respondent bank with documents and clarifications. 5. With the above directions, the Writ Petition is disposed of. No costs.