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2023 Supreme(Gau) 1149

SUMAN SHYAM
Masum Ansari S/o Islam Uddin – Appellant
Versus
Punjab National Bank (PNB) To Be Represented By Its Zonal Manager – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M H Laskar
For the Respondent: Mr. A Ganguli, SC

JUDGMENT :

Heard Mr. M.H. Laskar, learned counsel appearing for the writ petitioner. Also heard Mr. A. Ganguli, learned standing counsel, Punjab National Bank (PNB) appearing for the respondent Nos. 1 and 2.

2. The petitioner herein has approached this Court being aggrieved by the refusal on the part of the respondent Nos. 1 and 2 to disburse the educational loan applied by him by contending that the stand of the Bank is arbitrary and discriminatory. It is the settled position that in matters of granting loan, the decision is entirely up to the Bank and in such matters, the Courts would ordinarily be very slow in interfering. However, in the present case what would be relevant for the Court to consider is whether, the stand of the Bank is arbitrary and discriminatory and if so, does the same have the potential of jeopardizing the educational future of the petitioner. In order to answer the aforesaid queries it would be necessary to briefly narrate the facts and circumstances of the case.

3. The writ petitioner herein claims that he belongs to the OBC community in Assam and he comes from a very poor family. The father of the petitioner is earning his livelihood as a tea garden labouror

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