ALEESHA A.S. Vs. INDIAN OVERSEAS BANK LTD

JUDGEMENT

(1.) The first petitioner is a BDS student in Azeezia College of Dental Sciences and Research Centre, Mayyannoor, Kollam, who got admission in 2017-18. She had applied for an education loan in the year 2017. Even though that application was rejected, on reconsideration based on direction in Ext.P1 judgment, the Bank sanctioned the loan as per letter dated 30.10.2018 and the 1st petitioner availed loan towards her fee for 1st year to 3rd year. Now the complaint of the petitioners is that the Bank did not release the fourth year fees insisting production of her marklists for the 2 nd and 3rd year examinations. The petitioners submit that the student was not able to appear in the first year examination on medical grounds and therefore she could pass the first year examination only by appearing in the supplementary examination held in July 2019, results of which were published on 4.9.2020. It is stated that she produced Ext.P2 certificate issued from the college on 26.6.2020, according to which, she has been studying in the second year of the course. The respondent Bank took the stand that fee for the 4th year cannot be granted to the student, who is studying in the 2 nd year and therefore payment cannot be continued in her case.

(2.) It is stated that as per the University regulations, a student would be granted permission to attend the classes of the next year only after passing the previous examination. It is stated that the 1st petitioner would have been in the 3rd year, but for the medical reasons she is now studying in the 2nd year and that the college is insisting payment of fees for the fourth year from the 3rd year student. Even though the petitioner had submitted Exhibit-P4 representation to the 2nd respondent on 27.7.2020 requesting for payment of fee before 30.7.2020, the Bank did not pay it. The Writ Petition was filed under the above circumstances seeking directions to the Bank to disburse the education loan for the fourth academic year in accordance with Exhibit-P2 certificate issued by the Azeezia College of Dental Sciences.

(3.) In Exhibit-P2 certificate, the college has stated that the petitioner is a bonafide IVth year BDS student of the college admitted in the academic year 2017-18.