Anupriya Sreedharan v. The Manager
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WA.No. 2319 of 2015 IN WP(C).11421/2015 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 11421/2015 DATED 17-07-2015 .....................
APPELLANT/PETITIONER :
------------------------------- ANUPRIYA SREEDHARAN D/O.N.SREEDHARAN, ANUBHAVANAM, KADUVINAL PO VALLIKUNNAM, ALLEPPEY DISTRICT PIN - 690 501. BY ADV. SRI.O.D.SIVADAS RESPONDENT/RESPONDENT :
----------------------------------- THE MANAGER STATE BANK OF TRAVANCORE, VALLIKUNNAM BRANCH MANI'S BUILDING, KADUVINAL PO VALLIKUNAM, ALLEPPEY DISTRICT PIN - 690 501.
BY SRI.R.S.KALKURA, SC, SBT THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-11-2015, ALONG WITH WA. 2361/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 2319 & 2361 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2015
JUDGMENT
Ashok Bhushan, C.J.
These two writ appeals have been filed against the common judgment dated 17.07.2015 passed in W.P.(C) No. 11421 of 2015 and connected cases by which the writ petitions filed by the petitioners were dismissed.
2. Petitioners have come up with the writ petitions seeking grant of education loan by the Bank and praying for quashing the order of the Bank refusing to approve the application for education loan. The Bank has taken a stand that the admissions of petitioners were in 'management quota' and they having not secured the required marks, are not eligible for the loan.
3. Learned counsel for the appellants contended that the appellants/petitioners were admitted on the basis of Entrance Test conducted by the Management, thus it was on
WA No. 2319 & 2361 of 2015 -:2:- merit basis and could not be treated as admissions under the management quota.
4. Learned counsel for the Bank submits that the same issue has already been considered by this Court which was reported in Arya v. Reserve Bank of India [ 2015 (4) KLT 478] in which almost similar facts were considered and this Court upheld the action of the Bank and declared that the admission of students on the basis of test conducted by the Management also comes in the 'management quota'. The Division Bench has referred to the relevant schemes and interpreted the same. Learned counsel for the Bank submits that the very same judgment against which these appeals have been filed was also noted by the Division Bench in paragraph 28 of the judgment and has also approved the judgment of learned Single Judge dated 17.07.2015 passed in W.P.(C) No.11421 of 2015 and connected cases.
The Division Bench judgment of this Court in Arya v. Reserve Bank of India(supra) fully covers the issue. All issues
WA No. 2319 & 2361 of 2015 -:3:- have already been decided by the Division Bench. We see no reason to take a different view in the present cases. Both the Writ Appeals are dismissed.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/17/11