SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2016 Supreme(Mad) 2385

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. VENUGOPAL, J.
Seahujahuna – Appellant
Versus
The Branch Manager, UCO Bank – Respondent
Writ Petition (MD) No. 12292 of 2016
Decided On : 01-08-2016

Advocates Appeared:
For the Appellant : Mr. N. Senthil Kumar
For the Respondent: Mr. K. Periyasamy

The court emphasized the importance of considering the petitioner's representation for the education loan in a diligent and fair manner, in line with the principles of Natural Justice.

Headnote:

Education Loan - Representation of Petitioner - Master Circular of UCO Bank Loan Scheme for Studies in India and Abroad, dated 25.10.2012, - Security, Repayment, Rate of Interest, Objective, Eligibility, Age Limit, Courses Eligible

Fact of the Case:

The petitioner, a mother from a poor family background, sought an education loan for her son. The bank claimed that no loan application was made by the petitioner or her son.

Finding of the Court:

The court directed the bank to consider the petitioner's representation for the education loan in a practical and diligent manner, within 10 days, and to follow the principles of Natural Justice.

Issues: Dispute over the petitioner's application for an education loan for her son and the bank's claim of no application being made.

Ratio Decidendi: The court emphasized the need for the bank to consider the representation of the petitioner diligently and in accordance with the principles of Natural Justice.

Final Decision: The writ petition was disposed of with the direction for the bank to consider the petitioner's representation for the education loan within 10 days and to follow the principles of Natural Justice.

ORDER :

1. Heard both sides.

2. By consent, the main writ petition itself is taken up for final disposal.

3. According to the petitioner, she belongs to a backward class community and hails from a poor family. Her husband was working as a labour in Dubai and returned to India on 25.07.2016 (as informed by the Learned Counsel for the Petitioner before this Court). Her son Mohamed Rejas completed his +2 studies in Kendra Vidhyalaya Higher Secondary School, Sivagangai during the academic year 2014-2015 and secured 82.87% and after school studies, his son participated in the joint entrance examination (Advanced 2015) conducted by the Indian Institute of Technology and he passed the said examination on merits. Later, he was sponsored to the Indian Institute of Crop Processing Technology, Thanjavur, as per allotment letter of the Central Seat Allocation Board. Based on that, he joined the college immediately.

4. The stand of the petitioner is that a structure of the fees for first year to fourth years runs as under:

“Ist year

117150/-

II nd year

101200/-

III rd year

101200/-

IV th Year

101200/- + 175800

Totally, Rs.5,96,550/- is fixed by the college for completing the course.”

5. Because of the petitioner's poor family background and financial crisis, she is unable to mobilize the said amount, for which, she has decided to apply before the Respondent/ Bank. In fact, in the said application, her son had affixed her signature. After all verifications, the official of the Respondent/Bank orally instructed her to get signature from her husband (her son's father) and also informed that after that only, that application will be considered. The grievance of the petitioner is that her husband, since he was in abroad, unable to obtain his signature and therefore, she projected a representation to the Respondent/Bank on 28.03.2016 narrating all the facts and requested to sanction the education loan to her son.

6. The core stand advanced on behalf of the petitioner is that there is no bar for the petitioner (being a mother) to apply for the education loan on behalf of her son and in fact, the condition imposed by the Respondent/Bank that her husband viz., the father of her son could also apply for the loan is an unreasonable one, besides the same is an arbitrary, illegal and discriminatory one. Hence, she has filed the present writ petition praying for passing of an order by this Court in directing the Respondent/Bank to sanction the education loan of Rs.1,71,150/- to her son for the year 2015-16.

7. Per contra, it is the submission of the Learned Counsel for the Respondent/Bank that the Respondent/Bank never issued any loan application to the petitioner. But the petitioner had down loaded the application on 'on-line request' for the UCO education loan and filled the same including the Appraisal Form, Statement of Means, Pre Sanction Visit Report in her residence, which are to be filled up by the Respondent Bank's Manager and produced the same together with other certificates by way of typed set of papers before this Court. Further, it is represented on behalf of the Respondent/Bank that neither the petitioner nor her son had never approached the Respondent/Bank and never applied for education loan.

8. At this juncture, the Learned Counsel for the Respondent/Bank proceeds to take a plea that as per serial No.10 of the Master Circular of UCO Bank Loan Scheme for Studies in India and Abroad, dated 25.10.2012, (updated up to 10.10.2012) security is required for grant of loan for a sum of Rs.5,96,550/- and the same reads as follows:-

Sl.No.10.

Security

Up to Rs.4.00 lac:

 

 

No Security.

 

 

Co-obligation of Parents.

 

 

Above Rs.4.00 lac and up to Rs.7.50 lac-

 

 

Co-obligation of Parents.

 

 

Collateral in the form of a suitable third party guarantee.

 

 









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top