IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944 W.P.(C) NO.41242 OF 2022 PETI TIONERS:
1 ASHARF, AGED 51 YEARS, NANIPARUTHAYIL HOUSE, MANKULAM P O PIN: 685 565, MANKULAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685565
2 SHEHANAS N.A., AGED 18 YEARS NANIPARUTHAYIL HOUSE, MANKULAM P O PIN: 685 565, MANKULAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685565
3 SHEMINAS N.A., AGED 18 YEARS NANIPARUTHAYIL HOUSE, MANKULAM P O PIN: 685 565, MANKULAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685565 BY ADVS.
BOBBY GEORGE JOY C. PAUL ELDHOSE JOY BABY SIMON NOBLE GEORGE RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR IDUKKI, PAINAVU, KUYILIMALA, PIN: 685 603.
IDUKKI TALUK, IDUKKI DISTRICT.
2 UNION BANK OF INDIA, ADIMALI BRANCH REPRESENTED BY ITS BRANCH MANAGER, ADIMALI P.O., PIN-685 561, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.
3 UNION BANK OF INDIA (LEAD BANK)
THODUPUZHA, REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA P.O., PIN-685 584, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.
R1 SRI. P.S. APPU, GOVERNMENT PLEADER R2&R3 SRI. A.S.P. KURUP, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 20th day of December, 2022 The daughters of the 1st petitioner, the 2nd and 3rd petitioners herein, have joined for nursing course in an institute in Andhra Pradesh. The total expenditure for their studies, including tuition fee, library fee, books and stationery, food and accommodation, etc. would be around Rs.1,49,500/- for the first year and Rs.95,000/- each for the remaining years. Thus the 1st petitioner will have to expend Rs,4,39,500/- by the time his daughters finish the course. Unable to raise that much amount for the education of his daughters, the 1st petitioner registered in the Vidya Lakshmi Common Education Portal seeking grant of educational loans. According to the 1st petitioner, he thereafter approached the Manager of the Adimali Branch of Union Bank of India seeking sanction and issuance of the loan amount. As there was no positive response from the Branch Manager, an application was filed before the 3rd respondent also. As the subsequent application also failed to evoke a positive response, this writ petition is filed.
2. Learned Counsel for the petitioner contended that the petitioners having registered for loan through the Vidya Lakshmi Common Education Portal, respondents 2 and 3 are bound to process their request and do the needful without delay. Due to the inordinate delay in considering the request, petitioners 2 and 3 were compelled to join for the nursing course and the petitioners are in urgent need of the loan amount, lest the 2nd and 3rd petitioner will be forced to discontinue their education due to non-payment of fees. 3. Learned Standing Counsel for the Bank submitted that, other than registering in the Vidya Lakshmi Common Education Portal, the petitioners have not made any application directly to the 2nd respondent. Therefore, respondents 2 and 3 cannot be found to be at fault for not processing the application. It is submitted that if a retail loan application is submitted, that will be processed and appropriate action taken.
In view of the above submission, the writ petition is disposed of directing the 1st petitioner to approach the 2nd respondent and submit a retail loan application. The Branch Manager shall give necessary guidance to the 1st petitioner for submitting the loan application. If the loan application is submitted in the prescribed form, the same shall be processed and appropriate action taken thereon within two weeks of submission of the application.
Sd/-
V.G. ARUN JUDGE bpr APPENDIX OF WP(C) 41242/2022 PETITIONERS' EXHIBITS ExhibitP1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATIONS, GOVERNMENT OF KERALA TO THE SECOND PETITIONER DATED 29/6/2022 ExhibitP2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATIONS, GOVERNMENT OF KERALA TO THE THIRD PETITIONER DATED 29/6/2022.
ExhibitP3 THE TRUE COPY OF THE PROVISIONAL ADMISSION CONFIRMATION DATED 29.06.2022 ISSUED BY THE PRINCIPLE, MSB COLLAGE OF NURSING GUNTUR IN FAVOUR OF THE SECOND PETITIONER.
ExhibitP4 THE TRUE COPY OF THE PROVISIONAL ADMISSION CONFIRMATION DATED 29.06.2022 ISSUED BY THE PRINCIPLE, MSB COLLAGE OF NURSING GUNTUR IN FAVOUR OF THIRD PETITIONER.
ExhibitP5 THE TRUE COPY OF THE ESTIMATION CERTIFICATE DATED 27.07.2022 ISSUED BY THE PRINCIPAL MSB COLLAGE OF NURSING, GUNTUR SHOWING THE FEES STRUCTURE OF THE SECOND PETITIONER.
ExhibitP6 THE TRUE COPY OF THE ESTIMATION CERTIFICATE DATED 27.07.2022 ISSUED BY THE PRINCIPAL MSB COLLAGE OF NURSING, GUNTUR SHOWING THE FEES STRUCTURE OF THE THIRD PETITIONER.
ExhibitP7 THE LETTER ISSUED BY THE PRINCIPAL MSB STATING THAT THE MSB COLLEGE IS APPROVED BY THE INDIAN MEDICAL COUNCIL DATED
22/4/2022 ExhibitP8 THE TRUE COPY OF THE INCOME CERTIFICATE DATED 01.09.2022, BEARING NO. 67768697 ISSUED BY THE VILLAGE OFFICER, MANKULAM IN FAVOR OF THE FIRST PETITIONER.
ExhibitP9 TRUE COPY OF THE VIDYA LAKSHMI COMMON EDUCATION LOAN APPLICATION FORM SUBMITTED BY THE PETITIONERS DATED
2/9/2022 ExhibitP10 THE TRUE COPY O
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