C. Thennarasu and Others vs The Branch Manager, Indian Overseas Bank and Others

R. Mahadevan, J—Since the issue involved in both the Writ Petitions are one and the same, they are taken up together and disposed of by a common order.

The claim for educational loan has been rejected by the respondent Bank in W.P.(MD). No. 2293 of 2015 on the ground that the petitioner''s son has secured less cut off marks than prescribed by IBA guidelines. Whereas, the petitioner in W.P.(MD). No. 1907 of 2015, though he has secured 66% marks, no order has been passed by the respondent Bank.

The grievance of the petitioner in W.P.(MD). No. 2293 of 2015 is that citing Circular Adv/263/2012-13 dated 06.11.2012, the respondent Bank has refused to grant educational loan to the petitioner''s son, as he has secured less cut off marks. Whereas, though the petitioner in W.P.(MD). No. 1907 of 2015 has secured about 66% marks, his representation for grant of educational loan dated 15.12.2014, is pending before the respondent Bank. Hence, they have come forward with the Writ Petitions.

The learned Counsel for the petitioners in both the Writ Petitions would submit that the education is one of the fundamental rights of the students which is enshrined in the Constitution of India. The whole idea behind the educational loan scheme is to finance the economically disadvantaged people in their educational career. It is a social commitment for the upliftment of weaker, vulnerable and other Sections of the Society. Therefore, the Government has to provide necessary assistance to the poor students so that the Society will get uplifted. Hence, they prayed for allowing their Writ Petitions.

The learned Standing Counsel appearing for the respondents bank would submit that the claim of the petitioner in W.P.(MD). No. 2293 of 2015 could not be considered, as they are bound by IBA guidelines, in and by which, the minimum marks are to be obtained by a student for considering the educational loan. Since the petitioner''s son does not come within the norms of IBA, they are unable to consider the education loan. In support of his contentions, the learned Counsel for the respondents produced the order of the Division Bench of this Court made in w.A. MD). No. 1269 of 2011, A. Kasinathan Vs. The Branch Manager, Canara Bank, Town Hall Road, Madurai (Madurai Bench). To sum up, they are objecting in granting the educational loan to the students.

In reply, the learned Counsel for the petitioner in W.P. (MD). No. 2293 of 2015 would submit that the judgments cited by the learned Standing Counsel for the respondent Bank was subsequently overruled by a subsequent Division Bench of this Court in the case of Branch Manager Vs. A. Ravi, (2014) 4 CTC 363 . Further, in the guidelines framed in the review meeting held on 27.09.2012 nowhere it is stated that educational loan can be sanctioned only for those, who have secured 60% and more marks.

In the light of the above, as far as W.P.(MD). No. 2293 of 2015 is concerned, the ground for rejection that the petitioner''s son has secured less cut off marks as fixed by the IBA Guidelines will no legs to stand in view of the subsequent decision in Branch Manager Vs. A. Ravi, (2014) 4 CTC 363 . Therefore, the order impugned in W.P.(MD). No. 22.01.2015 stands set aside and the second respondent in that Writ Petition is directed to grant educational loan to the petitioner''s son. Similarly, there is no point in keeping it pending the educational loan application of the petitioner in W.P.(MD). No. 1907 of 2015, as the petitioner has secured about 66% marks. More than four months had elapsed since the date of representation. Still, the respondent has not passed any orders on the representation dated 15.12.2014. Therefore, the respondent in W.P.(MD). No. 1907 of 2015 is directed to consider the claim of the petitioner and pass appropriate orders. The concerned respondent in both the Writ Petitions is directed to pass appropriate orders, by granting educational loan to the students, within a period of two weeks from the date of receipt of a copy of this order. No costs.