P.Sundari v. The Branch Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.34831 and 34835 of 2015 P.Sundari ... Petitioner in W.P.34831/15 R.Vijaya ... Petitioner in W.P.34835/15 Vs.
1. The Branch Manager, State Bank of India, Karuvepilankuruchi,
2. The District Collector, Office of the Collectorate, Cuddalore District.
... Respondents in both W.Ps PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the 1st respondent bank to sanction and disburse the Educational loan to the petitioner for the 4 academic years as per the fees structure of the Institution of petitioner B.Sc. (Nursing) Degree Course in Nightingale College of Nursing, Magadi Road, Bangalore - 560 023 expeditiously. For Petitioner : Mr.P.Manikannan in both WPs For Respondents : Mr.P.D.Audikesavalu for R.1 Mrs.P.Rajalakshmi, Government Advocate for R.2 COMMON ORDER As the issue involved in both these writ petitions is one and the same, they have been taken up together and disposed of by a common order.
2. The petitioners claiming to be the students of Nightingale College of Nursing, Guruvanna Devara Mutt, Near Binnyston Garden, Magadi Road, Bangalore - 560 023, sought for
education loan from the 1st respondent for their respective studies. As it is not known about the factum of petitioners' studying in the said College apart from it being recognised, the 1st respondent Bank addressed two separate similar letters to the Principal of the College on 11.12.2015 to furnish the relevant particulars in respect of the petitioners. The letter addressed in respect of the petitioner in WP.No.34831 of 2015 reads as follows:
''The Principal Nightingale College of Nursing Guruvanna Devara Mutt, Near Binnyston Garden, Margadi Road, Bangalore - 560023 Br/ETL/136 11/12/2015 Dear Sir, EDUCATIONAL TERM LOAN MS.SUNDARI P, B.Sc NURSING 2014-15 With reference to the above, we note to advise that the captioned student of your institution has applied for Education Loan from our Bank. While perusing the application, we seek the following details from your institution, which will enable us to process the loan application.
i) Whether NIghtingale College of Nursing is recognized by Indian Nursing Council/Karnataka Nursing Council. If yes, kindly provide us a copy of recognition certificate with registration number. ii) The bonafidity of the captioned student admitted for B.Sc Nursing course may be certified. iii) We note to advise your office to forward us a copy of approval of the State Government for the fees structure, for the above mentioned course.
2.
We shall process the application of the student for Education loan, sooner we receive the above particulars from your lend.
3. Your co-operation in this regard is highly solicited.''
3. As the reply is awaiting from the College concerned, the 1st respondent is unable to proceed further. The learned counsel appearing for the petitioners submitted that he would get the concerned letters from the College as required by the 1st respondent in their letters dated 11.12.2015.
4. Accordingly, both the writ petitions are disposed of by observing that on the production of the relevant letters from the College, as required by the 1st respondent in their letters dated 11.12.2015, the respondents are directed to
process the applications of the petitioners and pass appropriate orders with regard to sanction of educational loan to the petitioners as per rules. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rk To
1. The Branch Manager, State Bank of India, Karuvepilankuruchi,
2. The District Collector, Office of the Collectorate, Cuddalore District.
+1cc to Mr.P.D.Audikesavalu, Advocate, S.R.No.8102 W.P.Nos.34831 and 34835 of 2015 NM(CO) CA(02/03/2016)