Yasodha v. District Collector

2024:MHC:1895

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Yasodha ... Petitioner Vs.

1.District Collector, Cuddalore District, Cuddalore.

2.The Branch Manager, Canara Bank Branch, Main Road, Murugankudi, Thittagudi Taluk, Cuddalore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the representation of the petitioner dated 14.08.2023 and 04.12.2023 to sanction the Educational Loan of Rs.3,15,000/- to petitioner's daughter Harini, M.Sc., (Computer Science and Technology 5 years Course) at SRM Arts and Science College, Kattankulathur, Chengalpattu District, to pursue her Higher Education, in accordance with law.

For Petitioner : Mr.J.Jayasuriya For R1 : Mr.N.Naveen Kumar Government Advocate For R2 : Mr.Aadarsh Levin.W For M/s.T.S.Gopalan and Co.

O R D E R

The Writ of Mandamus has been instituted to direct the 2nd respondent to consider the representation submitted by the petitioner on 14.08.2023 and 04.12.2023 to sanction the Educational Loan of Rs.3,15,000/- to petitioner's daughter Harini, M.Sc., (Computer Science and Technology 5 years Course) at SRM Arts and Science College, Kattankulathur, Chengalpattu District, to pursue her Higher Education.

2. The petitioner submitted an application for grant of educational loan. The 2nd respondent / bank has not considered the case of the petitioner mainly on the ground that the petitioner has not produced all the relevant documents including guarantee, which is contemplated under the educational loans scheme.

3. The learned counsel for the respondents submitted the copy of the educational loan scheme updated till 28.02.2023. As per the scheme for sanctioning educational loan up to Rs.4 lakhs following conditions are to be complied with;

(a) Parents to be joint borrower(s).

(b) Suitable third party guarantee which shall be acceptable to the Bank or Tangiable collateral Security shall be 50% of the limit. (c) Assignment of future income of the student.

4. In view of the above terms and conditions of the educational loan scheme, the petitioner is at liberty to comply with the conditions and on such compliance, the 2nd respondent / Bank is directed to consider the application and sanction the educational loan to the petitioner by following the procedures as contemplated. The loan application is directed to be considered within a period of four (4) weeks from the date of compliance of the requisite conditions by the petitioner.

5. With the above directions, this Writ Petition stands disposed of. No costs.

05.04.2024 Jeni Index : Yes Speaking order To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Branch Manager, Canara Bank Branch, Main Road, Murugankudi, Thittagudi Taluk, Cuddalore District.

S.M.SUBRAMANIAM, J.

Jeni 05.04.2024