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2025 DAILYLAW 166226 (MAD)

S.Vinothraja v. The Branch Manager

WP(MD)/29826/2024 · 2025-01-02

L Victoria Gowri

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.29826 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.29826 of 2024 S.Vinothraja ... Petitioner Vs. The Branch Manager, State Bank of India, Devadhanapatti Branch, Theni District. ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to grant educational loan for sum of Rs.2,65,000/- to the petitioner, who is studying at Central Law College at Salem for 3 years course of LLB. For Petitioner : Mr.C.Ezhilarasu For Respondent : Mr.K.K.Udayakumar Standing Counsel 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29826 of 2024 ORDER This writ petition has been filed seeking for a direction to the respondent to grant educational loan for sum of Rs.2,65,000/- to the petitioner, who is studying at Central Law College at Salem for 3 years course of LLB. 2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3. Heard the learned counsel on both sides and carefully perused the entire materials available on record. 4. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondent on instructions submitted that since the cibil score of the petitioner and his father is extremely low, the petitioner's application for educational loan cannot be considered. That apart, the petitioner himself had availed a consumer durable loan for purchase of a mobile phone from HDB financial services and he failed to repay the same and hence, the respondent bank is not able to appreciate the petitioner's application seeking for education loan. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29826 of 2024 5. Per contra, the learned counsel appearing for the petitioner submitted that cibil score is irrelevant, as far as the application for educational loan is concerned. That apart, the father's cibil score can never ever be considered by the bank for grant of educational loan to the son. 6. Strongly refuting the contention of the learned standing counsel appearing for the respondent that he has not repaid the consumer loan, the learned counsel appearing for the petitioner placed before me the closure letter dated 16.09.2024 issued by the HDB Financial Services, Regd.Office at Radhika, 2nd floor, Law Garden Road, Navrangpura, Ahmedabad, Gujarat. 7. A perusal of the closure letter dated 16.09.2024 issued by the aforesaid HDB Financial Services would reveal that the loan amount for purchase of mobile phone has already been repaid by the petitioner. It is further submitted that the petitioner's cibil score has also been adjusted after closure of the consumer durable loan. 8. Considering the facts and circumstances of the case, liberty is granted to the petitioner to make a fresh application to the respondent bank for educational loan and on receipt of the same, the respondent bank shall consider 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29826 of 2024 the application of the petitioner, independent of the father's cibil score and take a final call as to the grant of educational loan to the petitioner. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 02.01.2025 NCC : Yes / No Index : Yes / No Sm 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29826 of 2024 TO:- The Branch Manager, State Bank of India, Devadhanapatti Branch, Theni District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.29826 of 2024 L.VICTORIA GOWRI, J. Sm Order made in W.P.(MD)No.29826 of 2024 Dated 02.01.2025 6/6 https://www.mhc.tn.gov.in/judis