Ms.A.Fathima Baby v. The Branch Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No. 24671 of 2018 A.Fathima Baby .. Petitioner Vs

1. The Branch Manager State Bank of India, 19/48, South Street, Varadarajanpettai, Ariyalur, Tamilnadu

2. The District Collector, Office of the Collectorate Ariyalur District ..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent-Bank to sanction and disburse the educational loan to the petitioner for the four academic years [2016-2017, 2017-2018, 2018-2019 and 2019-2020] as per the fees structure of the Institution of his B.Sc. Degree Course in Goldfinch College of Nursing, Sy.No.63, Kadamba Layout, Malathahalli, Bangalore - 560 056 expeditiously. For Petitioner : Mr.P.Manikannan For Respondents: Mr.Chevanan Mohan for M/s King & Patridge for R1 Mr.J.Ramesh, Additional Government Pleader for R2

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this writ petition seeking a direction to the 1st respondent-Bank to sanction and disburse her the educational loan for four academic years, viz., 2016-2017, 2017-2018, 2018-2019 and 2019-2020, as per the fees structure of her Institution.

3. According to the petitioner, she had joined B.Sc Nursing Course for the academic year 2016-2017 in Goldfinch College of Nursing at Bangalore - 560 056. Since her parents are agricultural coolies and have no sufficient source of income, she was unable to meet out her educational expenses. Hence she approached the 1st Respondent for educational loans, which was refused. Therefore, she approached and made a representation on 26.02.2018 to the 2nd Respondent, who inturn forwarded the same to the 1st Respondent / Bank for educational loan. Finding no response on the said request, she is before this Court.

4. When the matter is taken up for consideration, the learned counsel for the 1st Respondent / Bank fairly submitted that the petitioner's claim would be considered in accordance with law, if she approaches the 1st respondent with appropriate application, which has been agreed by the learned counsel for the petitioner.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the petitioner to approach the 1st respondent / Bank along with proper application and necessary documents within a period two weeks from the date of receipt of a copy of this order. On such submission, if the same satisfies the requisite norms, the 1st Respondent, shall consider the same and pass appropriate orders on merits and in accordance with law within a period of two weeks thereafter.

6. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ssd To

1. The Branch Manager State Bank of India, 19/48, South Street, Varadarajanpettai, Ariyalur, Tamilnadu

2. The District Collector, Office of the Collectorate Ariyalur District.

+1cc to Mr.P.Manikannan, Advocate Sr.72485 +1cc to Mr.King & Partridge, Advocate Sr.72661 +1cc to the Government Pleader Sr.73921 W.P.No. 24671 of 2018 vba[co] srg 16/11/2018