The central legal point established in the judgment is the application of the Indian Banks Association Guidelines on Model Educational Loan Scheme and the court's direction to the bank to consider the petitioner's loan application based on these guidelines.

Heard both sides.

2. Counter on behalf of the Second Respondent and the same is adopted by the First Respondent/The General Manager, Indian Overseas Bank, Regional Office, Tirunelveli.

3. According to the Petitioner, he is now studying in second year Bachelor of Engineering Course(Mechanical Engineering) at Dr.Sivanthi Adithanar College of Engineering, Tiruchendur. Earlier, he secured 1057 marks in Higher Secondary Examination and applied for B.E. Course through Anna University. After counselling, he was given admission in B.E. Course under self-financing at Dr.Sivanthi Adithanar College of Engineering, Tiruchendur. His father is an agriculturist and he is not in a position to provide necessary funds for his educational expenses.

4. The stand of the Petitioner is that during the month of August 2015, he approached the Second Respondent/Bank for procuring Term Loan for educational expenses at Rs.3,94,600/-. In fact, the Second Respondent was pleased to direct him to secure a Pan Card and to open an account in the bank. As a matter of fact, he was minor at the relevant point of time and waited till November 2015 and thereafter secured the required documents.

5. The clear-cut plea taken on behalf of the Petitioner is that as per the direction of the Second Respondent/The Branch Manager, Indian Overseas Bank, Dohnavur Branch, Dohnavur, Tirunelveli District, he applied for Term Loan for educational expenses along with his father as co-applicant in the month of march 2016 by furnishing necessary documents. Earlier, the College had demanded the payment of the first year fees and fixed a time limit. His father procured Hand Loan and paid the first year fees. However, the loan application was returned by the Bank for the reasons best known to them and he was further advised to apply afresh along with his mother as co-applicant.

6. In the month of April 2016, the Petitioner had completed for Term Loan in respect of educational expenses together with his mother Shanthi, as co-applicant. Till today, he was pushed from pillar to post in regard to the sanctioning of educational loan. Now the College Authorities had issued letters demanding fees for the second year. His father is not in a position to help him for admission to his fees. Earlier, his sister namely Diviya Subha and his brother Divahar were provided with educational loan for educational expenses and they have successfully completed their respective course.

7. He made representation, dated 27.6.2016 addressed to the Second Respondent in view of the delay caused in sanctioning the Term Loan. He is not a position to continue the second year course and he is undergoing great mental agony. Therefore, once again he requested the Second Respondent/Bank to sanction the Term Loan of Rs.3,94,600/- for prosecuting B.E Course (Mechanical Engineering), Tiruchendur at Dr.Sivanthi Adithanar College of Engineering, Tiruchendur.

8. Although the Government of India has formed scheme for educational loan for the poor and needy people to pursue their higher studies, the Respondents have not followed the policy of the Government and willfully neglecting him from getting educational loan for his studies. Hence the Petitioner has filed the present Writ Petition praying for passing of an order to sanction and pay the educational loan to him in B.E. Mechanical Engineering based on his Loan Application, dated 21.3.2016.

9. In response, the Learned Counsel for the Respondents/Bank contends that prior to the present application made by the Petitioner seeking educational loan to an extent of Rs.3,94,600/-, the Petitioner's grand-father Mr.Chelladurai had availed an agricultural loan of Rs.1 lakh way back on 15.10.2004 and he has not repaid the loan installments and the present outstanding loan amount is Rs.2,83,473/- Later, the Petitioner's father Muthukrishnan availed another agricultural loan of Rs.50,000/- on 23.11.2009 and the present balance is Rs.64,193/-. In fact the Petitioner's sister M.Divyasubha a