A.Azhagan v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2017

CORAM

THE HONOURABLE MR.JUSTICE.V.PARTHIBAN W.P.(MD).No.4517 of 2017 A.Azhagan .. Petitioner Vs.

1.The Chairman,'

Indian Bank's Association, World Trade Centre, 6th Floor, Centre 1 Building, World Trade Centre Complex, Cuff Parade, Mumbai - 400 005.

2.The Branch Manager, Canara Bank, Katchirayanpatti Branch, Katchirayanpatti Post, Melur Taluk - 625 106, Madurai District .

3.The Regional Manager, Regional Office, Canara Bank, Madurai - 625 009.

4.The Principal, Velammal Medical College Hospital and Resource Institute, Madurai - 625 009.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representations 09.03.2017 and previous representation dated 21.02.2017 to the second and third respondents for sanctioning educational loan of INR 7,50,000/- or any other enhanced appropriate amount with third party surety for the petitioner's son namely Tamilvanan.A to pursue Bachelor of Medicine and Bachelor of Surgery (MBBS) professional course for the period from 2016-17 to 2020-21 in the fourth respondent College namely Velammal Medical College Hospital and Resource Institute, Madurai, within stipulated time.

For Petitioner : Mr.M.S.Sathiamoorthy For Respondents : Mr.Palaramasamy (for R2 and R3) ***

O R D E R

This Writ Petition is filed by the petitioner for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 09.03.2017 and previous representation dated 21.02.2017 to the second and third respondents for sanctioning educational loan of INR Rs.7,50,000/- or any other enhanced appropriate amount with third party surety for the petitioner's son, namely, Tamilvanan.A to pursue Bachelor of Medicine and Bachelor of Surgery (MBBS) professional course for the period from 2016-17 to 2020-21 in the fourth respondent College, namely, Velammal Medical College Hospital and Resource Institute, Madurai.

2. The petitioner's son Mr.Tamilvanan.A has secured 1153 marks out of 1200 marks in the Higher Secondary Examination in the academic year 2015-16 and applied for MBBS course for the academic year 2016-17. In the counseling conducted by the Directorate of Medical Education, Chennai - 10, the petitioner's son got allotment order to study MBBS 2016-17 sessions under the MBC/DNC community quota and they allotted to fourth respondent College. He was admitted to the fourth respondent College and under going the course from 22.09.2016. Since the petitioner could not afford the entire fees payable for the said course, he had approached the second respondent bank for sanction of Educational Loan by way of loan application dated 21.02.2017 in the required format and also sent the application seeking for the sanction of loan for Rs.

7,50,000/- and he also submitted the necessary security for sanction of loan. The second respondent has not taken any decision in this regard till date. Therefore, the petitioner has approached this Court seeking relief as stated supra. 3.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 4.It is seen that the loan application submitted by the petitioner on 21.02.2017 is pending before the second respondent and till date, no order has been passed. Therefore, considering the facts and circumstances of the case and considering the fact that the petitioner's son is undergoing MBBS course and he has completed few months of study, a direction may be issued to the second respondent to consider the loan application and representation of the petitioner.

5.Accordingly, this Writ Petition is disposed of with a

direction to the second respondent to consider the loan application of the petitioner and sanction the loan, if he otherwise qualified for sanction of the loan. The decision of the loan application shall be taken within a period of two weeks from the date of receipt of a copy of this order and the decision of grant of loan to be indicated to the petitioner forthwith. No costs.

Sd/- Assistant Registrar(C) /True copy/ Sub Assistant Registrar To 1.The Chairman,'

Indian Bank's Association, World Trade Centre, 6th Floor, Centre 1 Building, World Trade Centre Complex, Cuff Parade, Mumbai - 400 005 .

2.The Branch Manager, Canara Bank, Katchirayanpatti Branch, Katchirayanpatti Post, Melur Taluk - 625 106, Madurai District .

3.The Regional Manager, Regional Office, Canara Bank, Madurai - 625 009.

+1 cc to Mr.Pala Ramasamy , Advocate in SR.No. 18348 +1 cc to Mr.M.Sathiamoorthy , Advocate in SR.No. 18054 km/skn AE/KP/SAR2/12.04.2017/4P/6C W.P.(MD).No.4517 of 2017 27.03.2017