IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 21^ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943 WA NO. 246 OF 2022 JUDGMENT DATED 21.10.2021 IN WP(C) 18622/2021 OF HIGH COURT OF KERALA APPELLANT/2ND RESPONDENT IN WPC:

STATE OF KERALA FINANCE (PLANNING- A) DEPARTMENT, THIRUVANANTHAPURAM – 695

001, REPRESENTED THROUGH ITS SECRETARY.

BY ADV. SRI. K.P. HARISH, SR. GOVERNMENT PLEADER RESPONDENTS/PETITIONER & RESPONDENTS 1 & 3 IN WPC:

1 SIBIN K P S/O PAILY K M,KARINTHOLIL HOUSE,ELLUMANNAM P O, MANANTHAVADY, WAYANADU, PIN – 670 645.

2 KERALA GRAMIN BANK KALLODY BRANCH,KALLODY,EDAVAKA P.O,MANANTHAVADY,WAYANAD DISTRICT REPRESENTED THROUGH ITS BRANCH MANAGER, PIN – 670

645

3 HOLY CROSS INSTITUTE OF MANAGEMENT AND TECHNOLOGY NEAR MALAYALA MANORAMA,ERANHIPALAM P O,CALICUT REPRESENTED BY ITS PRINCIPAL, PIN – 673 006.

BY ADVS.

R1 BY SMT. AMRIN FATHIMA R2 BY SRI. M.GOPIKRISHNAN NAMBIAR, SC STEFIN THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

'C.R'

Dated this the 21st day of February, 2022.

JUDGMENT

S. MANIKUMAR,CJ.

Being aggrieved by the judgment dated 21.10.2021 in W.P.(C)

No. 18622 of 2021, instant appeal is filed.

2. The writ petitioner/first respondent herein has filed the writ petition seeking the following reliefs:

1. Declare that the petitioner is eligible and entitled to the benefits under Education Loan Repayment Support Scheme;

2. Issue a writ of mandamus or any other writ or order directing the 1st respondent to accept Ext.P3 application and process the same within a time frame fixed by this Hon'ble court;

3. Issue a writ of mandamus or any other writ or order directing the 2nd respondent to accept application from 1st respondent under ELRS Scheme and process the same in accordance with directions contains Ext.P1;

4. Issue a writ of mandamus or any other writ or order directing the 1st respondent to close the Loan Account having Number 48115316854708 in the name of petitioner under ELRS Scheme.

3. The State opposed the reliefs sought for on the grounds inter alia that as per Ext.P1 guidelines of Education Loan Repayment Support Scheme, the first respondent/writ petitioner is not eligible, in view of clause 2(c) of the guidelines.

4. Nevertheless, taking note of the contents in Annexure R1(A)

dated 07.06.2018 and Annexure R1(B) communication dated 27.07.2019 clarifying that the final merit quota means that admission secured through a competitive examination or based on marks obtained in the qualifying Board Examination and also of the fact that the student named in Ext. P6 certificate was granted the benefit of the scheme, the writ court vide judgment dated 21.10.2021 held as follows:

“Therefore, the writ petition is disposed of permitting the petitioner to make a fresh application for the benefit under Ext.P1 Scheme. If the petitioner makes such an application, the 1st respondent-Bank shall process the application and forward the same to the 2nd respondent. On receipt of such application from the 1st respondent, the 2nd respondent shall consider the same as per the provisions of Ext.P1 Scheme and take a decision in the matter taking into consideration the Scheme as it existed on

01.06.2018, when the petitioner made his application originally.”

5. Being aggrieved, instant appeal is filed on the grounds inter alia that the writ court ought to have found that as per Annexures R1(A) and R1(B), the writ petitioner is not entitled for the benefits under the scheme.

6. Mr. K.P. Harish, learned Senior Government Pleader contended that the learned single Judge failed to consider the fact that as per Annexure R1(B), 'merit quota' means admission through a competitive examination or based on marks obtained in the qualifying Board Examination at a substantially reduced fee on the basis of a mandate from the Government that certain number of seats be reserved for giving admission at a substantiall