Madras High Court
M.Dharchana vs The Branch Manager on 11 April, 2012
Author: Vinod K.Sharma
Bench: Vinod K.Sharma
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:11.4.2012 Coram THE HONBLE MR. JUSTICE VINOD K.SHARMA W.P.No.29792 of 2011 and MP.No.1 of 2011 M.Dharchana .. Petitioner .. Vs .. 1. The Branch Manager State Bank of India Kil Kotagiri Branch Kil Kotagiri Bazaar Post, The Nilgiris. 2. Hindustan College of Arts and Science Avinasi Road, Coimbatore 28 Rep.by its Principal .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent Bank to sanction the educational loan to an extent of Rs.1,50,000/- for the entire course of three years. For Petitioner : Mr.R.Sivakumar For R1 : Mr.P.D.Audikesavan For R2 : No Appearance ***** O R D E R
The petitioner seeks a writ in the nature of Mandamus, directing the respondent Bank to sanction the educational loan to the tune of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only), for completing the course of B.Sc. Computer Science.
2. The petitioner, after completing +2 course, joined the Hindustan College of Arts and Science to undergo B.Sc Computer Science course in the academic year 2010- 2011. The petitioner had applied for educational loan with all necessary documents, i.e. Bonafide Certificate, Fee Certificate as well as certificate showing that the petitioner belongs to Most Backward Class Community (MBC).
3. The Hindustan College of Arts and Science issued a certificate, disclosing tuition fee per semester was Rs.10,500/- (Rupees ten thousand and five hundred only). Whereas total fee payable, inclusive of all other charges, came to Rs.63,000/- (Rupees sixty three thousand only).
4. It was certified that the annual hostel charges and mess bill charges are Rs.29,500/- (Rupees Twenty nine thousand and five hundred only). Therefore, total expenditure per year for undergoing the courses, comes to Rs.50,500/- (Rupees fifty thousand and five hundred only).
5. The submission of the petitioner is that instead of granting educational loan, as claimed, and duly supported by the Bonafide certificate issued by the College, the respondent Bank sanctioned a sum of Rs.17,800/- (Rupees seventeen thousand and eight hundred only) per year.
6. Furthermore, as against the hostel charges and mess bills of Rs.29,500/- (Rupees Twenty nine thousand and five hundred only), the respondent Bank has sanctioned only Rs.15,000/- (Rupees fifteen thousand only).
7. The contention of learned counsel for the petitioner is that the loan sanctioned by the Bank is not sufficient for the petitioner to undertake B.Sc. Computer Science Course.
8. The writ petition is opposed by the Bank on the ground that the educational loan can be sanctioned as recommended / approved by the District Consulting Committee, taking into account of the recommendations of the Hon`ble Justice N.V.Balasubramaniam, retired judge of this Court.
9. The learned counsel for the petitioner, in support of the contention, that the petitioner was entitled to the educational loan of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) placed reliance on the judgment of this Court in S.SIVAPRAKASAM V. THE BRANCH MANAGER, INDIAN BANK, KURINJIPADI BRANCH AND ANOTEHR (WP.No.13460 of 2011) decided on 26.9.2011, wherein this Court was pleased to lay down, that it is only the tuition fee, which can be restricted as per the recommendation of the District Consulting Committee, but there can be no restriction regarding hostel fees.
10. It is contended that the impugned order is contrary to law, laid down by this Court, therefore, cannot be sustained in law.
11. The contention of the learned counsel for the petitioner cannot be accepted, as the petitioner is not undergoing Engineering Course, where no restriction placed on the hostel charges by Committee, but is undergoing B.Sc. Computer Science course.
12. The District Consulting Committee has fixed hostel charges for the courses, like the petitioner at Rs.15,000/- (Rupees Fifteen Thousand only).
13. This Court, in W.P.No.28450 of 2010 (Minor Asha vs. Union of India and others) decided on 15.2.2011, has held that the student is entitled to educational loan, as recommended by the District Consulting Committee only.
14. The action of the respondent Bank is as per the settled law, by this Court, which does not call for any interference in exercise of writ jurisdiction.
15. No merits. Dismissed. No costs. Consequently, connected Miscellaneous petition is closed.
ga/ar To
1. The Branch Manager State Bank of India Kil Kotagiri Branch Kil Kotagiri Bazaar Post, The Nilgiris.
2. Hindustan College of Arts and Science Avinasi Road, Coimbatore 28 Rep.by its Principal