LAWS(MAD)-2012-10-297

S. INDRA Vs. REGIONAL MANAGER AND THE MANAGER

Decided On October 16, 2012
S. Indra Appellant
V/S
Regional Manager and The Manager Respondents

JUDGEMENT

(1.) THE petitioner has filed the Writ Petition, praying for issuance of a Writ of Mandamus, to direct the respondents to sanction the educational loan to her. The petitioner joined the Diploma Course in Nursing at Arun School of Nursing, Vellore, for the academic year 2011 -12. The duration of the course is four years. She hails from a poor family and her father is a coolie. The family has no sufficient means to meet the various expenses of her studies. The petitioner has to pay Rs. 1,92,500/ - for the entire course. She has given the break -up details of the fees structure for four years in her affidavit. She has approached the respondent bank for sanction of loan. But she was not even provided with the loan application. Thereafter, the father of the petitioner has approached the District Collector, Vellore in this regard and on 08.08.2011, a petition was submitted by him to the District Collector, Vellore for educational loan. On the same day, the District Collector, Vellore forwarded the request of the petitioner to the second respondent bank recommending for grant of educational loan. Thereafter only, the second respondent has issued the loan application to the petitioner and she sent the filled up loan application with all required documents on 27.04.2012. The petitioner has also sent a representation dated 23.05.2012 through RPAD requesting the respondent bank to sanction educational loan to her. But, there was no reply from the respondent bank. Hence, the petitioner has approached this Court by way of filing this Writ Petition to direct the respondent bank to sanction educational loan to her.

(2.) THE respondents filed counter affidavit stating that admission of the petitioner is under Management Quota. As per the guidelines issued in the circular dated 16.09.2011 of Rural Banking Department, students, who secure admission under the Management Quota, are not eligible to avail educational loan under IBA Scheme.

(3.) ON the other hand, the learned counsel for the respondents has submitted that the students who get admission under Management Quota are not eligible for sanction of educational loan since they do not come under the purview of IBA Educational Loan Scheme. However, the bank has Non IBA Scheme for students who are admitted in the Management Quota, but they should have obtained at least 60% of marks to avail educational loan and since the petitioner has obtained only 46% of marks in her higher secondary education, she is not eligible to avail educational loan in Non IBA Scheme also.