NIZAMUDHEEN P Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner, a student, who got admission for LLM course in a foreign university, seeking to quash Exhibit P19 communication of the State Bank of India, Koduvally Branch, Kozhikode District; whereby the loan application submitted by the petitioner was directed to be rectified, assigning the following reasons; and for other related & consequential reliefs, including a direction for releasing education loan to the petitioner:

(2.) Brief material facts for the disposal of the writ petition are as follows: According to the petitioner, he is an Advocate by profession and obtained admission for LLM in Intellectual Property at Bournemouth University, United Kingdom and the course would start on 23/1/2023. It is submitted that petitioner made partial payment towards the tuition fee as per Exhibit P4. According to the petitioner, Exhibits P1, P2, P3, P5 to P7 will show that the petitioner is meritorious and eligible to get an education loan as per Clause 2 of Exhibit P8 Scheme notified by the Government of India, Ministry of Human Resource Development, New Delhi. Accordingly, the petitioner applied for an education loan before the State Bank of India, Koduvally Branch, Kozhikode - the 4th respondent Bank, said to be with all relevant documents through email, evident from Exhibit P9. Along with the email, petitioner also produced Exhibits P11 and P12 judgments of this Court, wherein the significance of granting education loan to students is highlighted.

(3.) According to the petitioner, on 13/12/2022, the 4th respondent bank, by way of e-mail intimated the petitioner to produce the documents physically and on the same day itself, the petitioner produced physical copy of all documents and the same was intimated to the 4th respondent bank by way of email also, true copy of the said email communication is produced as Exhibit P14. Later, all the documents were transferred to the 5th respondent Bank. Thus, petitioner contacted the 5th respondent bank and forwarded the request as well as documents on 16/12/2022 to the 5th respondent bank by way of e-mail, evident from Exhibit P15.