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Showing posts with label Judgement. Show all posts
Showing posts with label Judgement. Show all posts

Please read the media reports dated 9th July 2014


HC orders grant of loan to management quota student

Madras High Court today upheld order of a single judge directing Indian Overseas Bank to grant educational loan to an engineering student, whose plea for the assistance was rejected on the ground he secured a seat under management quota with less than 60 per cent marks. 

Dismissing an appeal by IOB's Tiruppur Branch challenging the single judge's June 20, 2013 order, a division bench comprising Justice N Paul Vasanthakumar and Justice M Sathyanarayanan directed the bank to grant the loan to the son of one A Ravi within two weeks from the receipt of the order. 

The bench said the issue of eligibility has already been settled by the announcement of the Union Finance Minister that students admitted in the management quota were also entitled to get the education loan and all the banks were directed to adopt the said Policy. 

On the basis of the announcement, a review meeting of all the Chief Executives of the PSU banks was held on September 27, 2012 which resolved that the Managing Committee considered the recommendations made by the Indian Banks Association Committee on Educational Loan Scheme and after detailed discussions decided to finance the meritorious students, who pursue courses under Management quota, the court said. 

"In the guidelines framed in the Review Meeting, nowhere it is stated that educational loan can be sanctioned only for those who have secured 60 per cent and more marks," it said.


Banks can't insist on minimum 60% marks to extend educational loans: Madras high court

CHENNAI: Banks cannot fix 60% of marks as minimum required percentage for extending education loan to students, Madras high court has ruled.

A division bench of Justice N Paul Vasanthakumar and Justice M Sathyanarayanan, coming to the aid of an engineering student who got admission under management quota, said on Wednesday that it was incorrect on the part of the bank to deny loan to him on the ground that he has scored only 59% of marks and not the minimum required percentage of 60%.

After being denied an education loan by the Indian Overseas Bank, A Ravi moved the high court for a direction. In June last year, a single judge directed the bank to extend loan to the boy, saying banks cannot deny loans on the ground of minimum marks percentage, that too after he is given admission under management quota.

The bank filed the present appeal saying candidates who have secured 60% marks and above alone are eligible to get education loan as they alone can be treated as meritorious candidates.

Rejecting the submissions, the bench said, "The Government of India launched the scheme of providing educational loans to the economically disadvantaged people, through nationalised banks. Sanction of educational loan is not free, but it is repayable with interest at a later point of time, of course, at reduced rate of interest. The whole idea behind the scheme is to finance the economically disadvantaged people. It is a social commitment for the upliftment of weaker, vulnerable and other sections of the society. It is a social welfare measure. In a way, it is some sort of social banking."

The judges said public sector banks and other financial institutions should bear the government's policy in mind while sanctioning educational loans covering the genuine, reasonable and justified educational expenses and relieve the students and their parents from pressing financial crisis.

In this regard, the judges also pointed out that a review meeting of top bankers decided on September 27, 2013, that they would extend loans to meritorious students who get admission under management quota. It is also stated in the decision that loan applications have to be disposed of within a period of 15 days to one month.
10:17 PM



Banks can't deny loan due to low marks, says HC

20 October 2012

CHENNAI: A bank cannot deny educational loan to students on the ground that the student's academic record is poor, the Madras high court has said. 

Justice D Hariparanthaman, passing orders on a writ petition of a scheduled caste girl, said: "The bank cannot deny educational loan on the ground that the academic record of the petitioner at the school level was very poor. There is no such provision in the circular of the bank that the loan can be sanctioned only if the academic performance of the student was very good at the school level." 

Justice Hariparanthaman said: "In fact, I have noted in my earlier order dated September 15, 2010 that Dr B R Ambedkar obtained only 287 marks out of 750 in the matriculation examinations and his educational need was taken care of by King of Baroda on the ground that he belongs to scheduled caste," the judge added. 

Noting that the Central government had brought the educational loan scheme to help economically weaker sections and not even a third party guarantee was required for disbursement of loans up to 4 lakh, Justice Hariparanthaman asked the Ambur branch of the Punjab National Bank to sanction educational loan to the student within four weeks. 

The matter relates to a writ petition of Anitha, a nursing student from Vellore district. Though she cleared her Class 12 in 2005, she was not able to continue higher education due to family problems and poor health condition of her mother. Later, she joined BSc (nursing) at Noorie College of Nursing in Kolar district in Karnataka. She applied for an education loan for 3.15 lakh. But, the Punjab National Bank rejected her application on the ground that her academic performance at the school was poor. 

The bank, however, justified the denial of educational loan to Anitha, stating that it had been provided for in the bank's circular. Referring to earlier orders of the court, the judge said the circular could not go beyond such orders.


Source:
http://articles.timesofindia.indiatimes.com/2010-09-17/chennai/28252836_1_model-educational-loan-scheme-higher-education-weaker-sections

Education loan can't be denied citing low marks, says HC

TNN Sep 17, 2010, 12.59am IST

CHENNAI: Coming to the rescue of a dalit boy who was denied educational loan because he had scored less than 45 per cent marks, the Madras high court has said it was unfortunate that banks were inventing reasons to deny loans to students.

Justice D Hariparanthaman, directing the State Bank of Travancore to extend educational loan to S Maran, who joined the SKR Engineering College at Poonamallee in 2008, said that had such an attitude been adopted earlier, even the architect of the Constitution, Dr B R Ambedkar, could not have pursued his higher education.

Maran, a first-generation engineering student, joined the college in 2008 and paid his first year tuition fee with great difficulty, as he was not aware of the educational loan scheme. However, in 2009-10, he applied for a loan but never got any response from the bank. He had to borrow loan from private people. He then approached the high court against the denial of loan.

The bank, in its counter-affidavit, said that the boy was not eligible for educational loan as he had scored less than 45 per cent marks, which was the cut off for availing the loan. It also quoted a circular, issued on June 1, 2008, on the basis of a Model Educational Loan Scheme of the Indian Banks' Association.

Justice Hariparanthaman, noting that the very purpose of the educational loan scheme would be defeated by such an approach, said: "If such an attitude was adopted, even Dr B R Ambedkar could not have gone for higher education. He had obtained only Rs 287 marks out of 750 in the matriculation examination. The king of Baroda was kind enough to extend financial assistance to him."

The intention behind the welfare scheme was to provide financial assistance to weaker sections of the society, he said, adding, "It is unfortunate that the bank is denying the facility (to students) citing one reason or the other."

If such an argument of the bank is accepted, in Tamil Nadu, except the general category students, no other student would get educational loans, Justice Hariparanthaman said. The government has prescribed just 35 per cent as eligibility criterion for SC/ST students' admission in professional courses, he pointed out.

He then directed the bank to sanction the loan within four weeks, and asked the college to reimburse the fee paid by the boy for his second year.

9:41 PM