B N SUBRAMANIAN Vs. DISTRICT COLLECTOR AND ORS

JUDGEMENT

(1.) This Writ Petition has been filed praying for a Writ of Certiorarified Mandamus to call for the records relating to the impugned letter dated Nil passed by the third respondent and quash the same and consequently direct the respondents 2 and 3 to sanction education loan of Rs. 4,70,000/- to the petitioner, within a time frame.

(2.) The case of the petitioner is that he came off with flying colours through out his studies and eventually, he completed his B.E. Degree securing 8.27 C.G.P.A.marks. Since he hails from poor family, he applied for an educational loan with the third respondent / Central Bank of India, Nagercoil Branch for doing his higher education on Master of Technology in Solar Energy, for which, he applied in SRM University, after scoring 16th rank in the entrance examination conducted by the University. The University also selected the petitioner and directed him to pay Rs. 4,70,000/- towards tuition fee, hostel fee etc. Thereafter, the petitioner approached the third respondent herein to provide educational loan to him, who in turn, assured the petitioner to provide educational loan to the tune of Rs. 4,70,000/-. But, contrary to their assurance, the third respondent said that they would sanction only Rs. 1,70,000/- towards the educational loan. The petitioner further alleges that the third respondent deliberately prolonged the issue without any rhyme or reason. Hence, the petitioner has come forward with this Writ Petition for the relief stated supra.

(3.) The third respondent through his counter affidavit submitted that the Government of Tamil nadu had constituted a Committee on Fixation of Fees in respect of Self Financing Professional Colleges, which after deliberation had fixed fees for the self financing professional colleges at Tamil Nadu. As per this Committee Report, the fees of the M.Tech Course for Government quota & Management quota is fixed at Rs. 30,000/- per semester and hostel fee per year is Rs. 25,000/-. Further, as per the fee fixed by the Committee on Fixation of Fees in respect of Self Financing Professional Colleges, the loan amount was sanctioned to the petitioner to the tune of Rs. 1,70,000/-. The said loan amount was sanctioned as per the norms and guidelines given by the Reserve Bank of India. Further, the Private Educational Institution are bound by the report of Committee on fixation of fees in respect of Self Financing Professional Colleges and they ought to have collected the fee in accordance with this report. If the educational institution where the Writ Petitioner is studying, demands excess fee than the fee fixed by the competent committee, then the Writ Petitioner ought to have filed necessary complaint before the proper authority not to claim more loan amount. Eventually, he prayed for the dismissal of this Writ Petition.