Imposition of conditions on educational loan sanctions must respect fundamental rights to free expression and should not obstruct access to education.

ORDER

The Writ Petition is directed against the impugned pre-release condition imposed in the educational loan sanction order, dated 20.03.2021 and consequential order, dated 25.04.2021 issued by the third respondent and for direction to the respondents 2 and 3 to grant educational loan to the petitioner as sanctioned in the order, dated 20.03.2021.

2. It is not in dispute that the petitioner was admitted in 5 ½ years BNYS medical degree course in Sree Ramakrishna Medical College of Naturopathy and Yogic Sciences Kanyakumari District. It is also not in dispute that the petitioner after payment of initial as well as first year fees, applied for educational loan under Vidya Jyothi Education Loan with the third respondent on 04.01.2020.

3. It is evident from the affidavit filed by the petitioner and the counter affidavit filed on behalf of the respondents 2 to 4 and other records available that the petitioner as well as the respondents 2 to 4 are making allegations and counter allegations against each other. Meanwhile, one Non- Governmental Organization (NGO) has pasted posters in the locality condemning the Bank Manager for not sanctioning educational loan to the deserved poor students and cautioned the bank management not to create bad name to the Central Government and not to force them for agitation.

4. Thereafter, the third respondent has issued a loan sanction order, dated 20.03.2021 to the petitioner by imposing some pre-release conditions and one of the condition is that the concerned Branch has to obtain apology letter for pasting poster against the Bank, which is now impugned in the present writ petition.

5. The learned counsel for the petitioner would rely on the judgment of this Court in the case of K.Anitha Vs. The Branch Manager, Oriental Bank of Commerce , Madurai, in W.P.(MD)No.12503 of 2016, dated 03.08.2016, wherein, a learned Judge, by observing that the “Education is a National Wealth and by relying on the objectives of the Education Loan Scheme that Education Loan Scheme outlined below aims at providing financial support from the banking system to meritorious students for pursuing higher education in India and abroad and the main emphasis is that a meritorious student, though poor, is provided with an opportunity to pursue education with the financial support from the banking system with affordable terms and conditions, has directed the concerned Bank to consider the loan application in a sympathetic and humane fashion and also keeping in mind of the periodical Circular/Instructions/Guidelines issued by the Reserve Bank of India.

6. The learned counsel for the respondents 2 to 4 would rely on the judgment of the Division Bench of this Court in the case of A.Kasinathan Vs.The Branch Manager, Canara Bank , Town Hall Road, Madurai reported in 2012 SCC Online Mad 1618, [dated 20.04.2012], wherein the Division Bench by observing that there was a trend that educational loans have become a very powerful instrument in promoting private education and it is the collective wisdom of IBA in issuing guidelines stipulating 60%marks for the students, who secured admission under "Management Quota" and it is not subject to judicial review, dismissed the writ appeals, confirming the orders rejecting the educational loan.

7. The learned counsel for the respondents 2 to 4 would also rely on the judgment of Kerala High Court in the case of Arya K.R. Kuriyappasseri and others Vs. The Assistant General Manager Reserve Bani of India, Thiruvananthapuram, reported in 2015 SCC Online Ker 231733 and the judgment of this Court in the case of