Mr. Raunak Prakash Singh v. The Zonal Manager

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17078 of 2021 ====================================================== Mr. Raunak Prakash Singh, Son of Sri Chandra Prakash Singh, Resident of Mohalla - Laluchak Angari Near Abhilasha Bhawan, P.S. Lodipur, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

The Zonal Manager State Bank of India, West Gandhi Maidan, Patna. 2.

The Assistant General Manager, State Bank of India R.B.O. Chhoti Khanjarpur, Bhagalpur.

3.

The Branch Manager, State Bank of India Tatarpur Branch, Near Railway Station, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Respondent/s :

Mr.Kaushlendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-07-2022 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :- "(i) For quashing the letter No.

BM/2021-22/14 passed by Branch Manager, State Bank of India Tatarpur Branch, Bhagalpur.

(ii) For direction to Respondents to grant Education Loan to the petitioner.

(iii) For any other relief/reliefs entitled the petitioner accordance with law." We are of the considered view that the petitioner's application for education loan stands wrongly rejected vide communication dated 13th of August, 2021 (Annexure-4, page -

2/4 65). We notice that internal communication issued by the bank dated 28th of April, 2001 (Annexure-6, Page -75) was never considered while rejecting the petitioner's application for education loan. Relevant portion whereof is extracted hereinbelow :-

3/4 Undoubtedly, petitioner has applied for education loan only for a sum of Rs.4,00,000/-. As we read, security may not be insisted upon for disbursement up of loan to this amount. It is alleged that only because petitioner's father is a lawyer and that the bank, in principle, does not disburse loan to lawyers, is the ostensible reason for rejecting the petitioner's application for education loan.

Well, at this stage, we refrain from passing any further orders on this issue, save and except, direct the respondent bank to reconsider the petitioner's proposal for education loan for a sum of Rs.4,00,000/-.

Needful be positively done within a period of one week.

Petitioner shall approach respondent no.1, namely, The Zonal Manager State Bank of India, West Gandhi Maidan,

4/4 Patna, who shall ensure that the petitioner's application for education loan is processed in accordance with law and decision taken thereupon at the earliest and preferably within a period of one week therefrom.

Liberty reserved to the petitioner to take appropriate action, should the need so arise.

However, we clarify that the urgency in the matter being apprehension, bona fide and that of the petitioner's cancellation of enrollment from the education institution on account of non-payment of the fees.

Petition disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 28.07.2022 Transmission Date