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Madras High CourtWP(MD)/9978/2015disposed of

V.P.Shankar, v. The Branch Managaer,

2015-09-14Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.9978 of 2015 1.V.P.Shankar 2.V.P.S.Perumal ... Petitioners Vs.

The Branch Manager, State Bank of India, Manapparai Branch 0099.

166, Dindigul Road, Manapparai-621 306.

Phone-04332-260327.

...

Respondents This Writ Petition has been filed under Article 226 of Constitution of India praying for a Writ of Mandamus, directing the respondent Bank to grant education loan for the second petitioner in respect of his post graduate course (Master of Computer Application) as per the fees certificate issued by the College.

For petitioner : Mr.H.Lakshmi Shankar For Respondent : Mr.S.Sethuraman for Bank

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus, directing the respondent Bank to grant education loan for the second petitioner in respect of his post graduate course (Master of Computer Application) as per the fees certificate issued by the College.

2. Mr.S.Sethuraman, learned counsel takes notice for the respondent.

3. By consent, this Writ Petition itself is taken up final disposal.

4. In the affidavit filed in support of the Writ Petition, it has been averred that the first petitioner is the father of the second petitioner. The second petitioner completed the Bachelor of Science degree in the year 2013-2014. He secured admission in MCA course in the very same College, on the basis of the marks scored by him in the under graduate course, the marks scored in TANCET exam as well as based on the oral interview. The MCA course is a 3 years course starting from academic year 2014-2015. The college had issued a certificate in respect of fees to be paid by the second petitioner. On that basis, the first petitioner had approached the respondent Bank seeking education loan for the second petitioner. The respondent Bank did not consider the petitioner's https://hcservices.ecourts.gov.in/hcservices/

request. Hence, the first petitioner has sent a registered letter to the respondent Bank on 08.12.2014 stating the details and also enclosing relevant documents. Thereafter, the respondent Bank issued a letter, dated 27.12.2014 seeking information about the selection process. Since the petitioners have not been provided any information about the selection process, the respondent bank is unable to process petitioners request for education loan. After receipt of this communication, dated 27.12.2014 from the respondent Bank, the first petitioner had sent a representation, dated 05.02.2015 giving the particulars about the selection process. The petitioner has also pointed out in his representation that there is no bar for a student of an autonomous Institution for availing Education Loan.

The said representation along with enclosure was received by the respondent on 16.02.2015. However, there was no response from the respondent. Therefore, the petitioner has come forward with this Writ petition for the above stated relief. 5.When the matter is taken for hearing, the learned counsel appearing for the Bank had submitted that if the petitioner produces all the documents, the respondent is ready to consider the petitioner's request.

6. Considering the facts and circumstances of the case, this Court directs the first petitioner to furnish all the necessary documents to the respondent within a period of one week from the date of receipt of a copy of this order. On receipt all the necessary documents, the respondent is directed to consider the petitioners educational loan application and pass appropriate orders on merits and in accordance with law, within a period of two weeks thereafter.

7. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar am To The Branch Manager, State Bank of India, Manapparai Branch 0095.

166, Dindigul Road, Manapparai-621 306.

+one cc to Mr.H.Lakshmi Sankar, Advocate in SR.No.54242 +one cc to M/s.S.Sethuraman, Advocate in SR.No.54872 W.P(MD).No.9978 of 2015 CSL/NGM-SS/LIBI/30.09.2015 2p/4c https://hcservices.ecourts.gov.in/hcservices/