2016 Supreme(Mad) 2485
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. VENUGOPAL, J.
Yogesh Kumar Agarwalla - Petitioner
Vs
The Branch Manager, Union Bank of India - Respondents
W.P(MD)No.13185 of 2016
Decided on : 04-08-2016
Advocate Appeared:
For the Petitioner: M/s. P. Mahendran
For the Respondent: M/s. N. Dilip Kumar
Headnote:Banking Finance – Prospective loan applicant should pay EMI periodically without any default. Petitioner already undertook an educational loan and has gone outstanding. He further needed loan for 2 year MBA course. He was directed to approach the bank within one week filling all the particulars in the form. Respondent should dispose off the application in 3 week.
Heard both sides.
2. By consent of both sides, the main Writ Petition itself is taken up for final disposal.
3. No counter is filed on behalf of the Respondent.
4. According to the Petitioner, his father originally belong to the State of Rajasthan. However, his parents came down to Thoothukujdi before 35 years and get settled there and hence, they had become permanent residence of Thoothukudi District. His father was initially dealing with the business of Match Sticks and was running a factory, but suddenly due to heavy loss incurred in the said business, he has now take some private jobs and thus eking out his livelihood, having no good income.
5. The stand of the Petitioner is that he has two married sisters and he is the only son to look after his parents. His parents are suffering from numerous ailments and in this regard, they spent huge sums towards medical expenses.
6. It comes to be known that the Petitioner had completed his BBM three years course and for payment of second and third year fees, he approached the Respondent/Bank and the Respondent/Bank was pleased to sanction a sum of Rs.80,000/- and another sum of Rs.80,000/- , totalling in all, to a sum of Rs.1,60,000/- for two years payments. He had completed his BBM Course with the assistance from the Respondent/Bank. Moreover, he is liable to pay a sum of Rs.1,84,220/- as per the Statement of Accounts furnished by the Respondent/Bank.
7. In order to furnish higher qualification and to get good job, he has now joined two years MBA(VTU) Course at Sambhram Institute of Technology, Bangalore (which is an approved college by Visweswarayya Technological University and recognized by AICTE).The total fee payable to the college for the two years course is Rs.6,20,000/- and as per the fees structure, he has to pay a sum of Rs.4 lakhs for the first year a and also a balance of Rs.2,20,000/- to be paid for the second year. In order to pay the first year fees of Rs.1,56,000/- his father had pledged the ornaments belonging to his mother with the private Finance Company and paid the said fee to the college. Still the Petitioner has to pay the balance amount for completion of his first year course.
8. At this stage, the Learned Counsel for the Petitioner submits that the Petitioner is very keen and eager to continue his studies and to secure some good employment. He has no other alternative except to seek the assistance and help from the Respondent/Bank by getting educational loan. The learned Counsel for the Petitioner informs this Court that the Petitioner is ready and willing to furnish an undertaking to the Respondent/Bank to refund the total education loan amount that would be availed to by the Petitioner with permissible interest from his monthly salary without any inconvenience, once the Petitioner join in any office/company after completion of his MBA Course.
9. The grievance of the Petitioner is that his representation, dated 27.6.2016 is to be considered by the Respondent/Bank. After receipt of his representation by the Respondent/Bank, the Bank had sent a communication, dated 8.7.2016, inter-alia directing him to visit the Bank for further negotiations.
10. Per contra, it is the submission of the Learned Counsel for the Respondent/Bank that as per the Model Educational Loan Scheme for Pursuing Higher Education in India and Abroad, 2015, issued by the Indian Banks Association at S.No.4, under the heading Eligibility Criteria, which runs as under:
4. ELIGIBILITY CRITERIA
4.1 Students Eligibility
The student should be an Indian National. Should have secured admission to a higher education course in recognized institutions in India or Abroad through Entrance Test/ Merit Based Selection process after completion of HSC (10 plus 2 or equivalent). However, entrance test or selection purely based on marks obtained in qualifying examination may not be the criterion for admission