The Writ Court has a limited jurisdiction in contractual matters and the issue of release of education loan to a different college was purely a matter relating to contractual obligations of the parties.

JUDGMENT :

Sanjay Dhar, J.

1. By this common judgment, the above noted two writ petitions are proposed to be disposed of.

2. Through the medium of writ petition bearing WP(C) No. 379/2020, the petitioner has sought a direction against the respondents for release of all the installments of fee in her favour and transfer the same to M/S. Khwaja Younus Ali Medical College, Bangladesh, so that she is able to pursue her MBBS course. Further, a Writ of Certiorari for quashing of order/letter/communication dated 31.01.2020 has also been sought.

3. During the pendency of aforesaid writ petition, a writ petition bearing WP(C) No. 1216/2020 came to be filed seeking a direction to the respondents to release the instalments of education loan as per the breakup given in the letter of sanction dated 24.12.2018 with a further direction to release the instalments of loan to M/S. Khwaja Younus Ali Medical College, Bangladesh.

4. The controversy involved in both the aforesaid writ petitions is with regard to release of education loan stated to have been sanctioned in favour of the petitioner by respondent Nos. 3 and 4. In fact, the relief sought in both the writ petitions is identical in nature, therefore, this Court is of the opinion that there was no necessity for the petitioner a to file the second writ petition for the relief which was already subject matter of the first writ petition.

5. Be that as it may, the facts giving rise to filing of aforesaid writ petitions are that the petitioner had approached the Jammu and Kashmir Women's Development Corporation (hereinafter referred to as the 'Corporation') under the Scheme floated by National Minorities Development and Finance Corporation (hereinafter referred to as 'NMDFC') for pursing MBBS course in the Community Based Medical College, Bangladesh. The aforesaid College issued admission offer letter dt. 03.09.2018 in favour of the petitioner, on the basis of which education loan in the amount of Rs. 30.00 lac was sanctioned by the respondent-Corporation in favour of petitioner for pursing MBBS course in the aforesaid College. In this regard, sanction letter dated 24.12.2018 was issued by the respondent-Corporation after verifying the antecedents of the petitioner and upon execution of a Mortgage Deed by the father of petitioner in favour of the respondent-Corporation.

6. According to the petitioner, there was delay on the part of the respondent-Corporation to sanction the loan, as such, the first installment of loan could not be released in favour of the aforesaid College by 20.11.2018, the last date stipulated for deposition of the fee. It is the case of the petitioner that the first installment of loan was released by the respondent-Corporation only on 24.02.2019, but the College authorities refused to admit her, as a consequence whereof, the petitioner approached M/S. Khwaja Younus Ali Medical College, Bangladesh through her consultancy service and secured her admission in the said College. Thereafter the first installment of fee, that had been transferred by the respondent-Corporation to the Community Based Medical College, Bangladesh was, in turn, transferred to M/S. Khwaja Younus Ali Medical College, Bangladesh.

7. It is contended by the petitioner that the information regarding the change in College was conveyed by her to the respondent-Corporation, but without going into reasons therefor, the Corporation issued letter dated 31.01.2020 directing the petitioner to repay the amount of loan which had been released in her favour. This prompted the petitioner to file Writ petition bearing WP(C) No. 379/2020.

8. It is the further case of petitioner that she has completed her first year of MBBS course in M/S. Khwaja Younus Ali Medical College, Bangladesh and she is now pursing her second year of MBSS Course in the said College. According to the petitioner, the College authorities have issued a notice to her for depositing the second-year fee before appearing in the examination and when she approached