R SAHANA Vs. MANAGER ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) The Petitioner, a student in the 3rd RespondentEngineering College, has filed the present writpetition praying to issue a Writ of Mandamus directingthe 1st Respondent Bank to disburse the Educational loan for the 4th/final year B. Tech-Bio Technology Course.

(2.) The Petitioner joined B. Tech - Bio Technology course in the 3rd Respondent College in the year 2008 09. The duration of the course is four years with eightsemesters. The Petitioner applied for educational loanfrom the Respondent Bank. The Respondent Banksanctioned Rs. 2,20,000/-towards educational loan andout of the said loan, Rs. 55,000/-has to be disbursedfor each year directly to the 3rd Respondent college bythe Bank. It is stated that the 3rd Respondent prescribes a fee of Rs. 98,000/-for every year and thebalance amount has to be paid by the student. Both thefather and mother of the Petitioner were co-applicantsin the educational loan. The father and mother alsoavailed loans in their individual capacity from theRespondent Bank for business purposes. They becamedefaulters and the accounts became NPA and the Bank issaid to have filed suits for recovery of the amounts. In these circumstances, the Bank did not pay thesanctioned amount towards educational loan for the 3rd year of the Petitioner. With great difficulty, thePetitioner paid the entire fee for the 3rd year as theBank refused to disburse the loan amount for the 3rd year.

(3.) It is further stated that the father of thePetitioner deserted the family and had gone away andalso FIR has been lodged by the mother and thedaughter, the Petitioner herein with theThirumullaivoyal Police Station. In these circumstances, the Petitioner has filed the presentwrit petition seeking for a direction to pay theeducational loan for the final year B. Tech Course.