WA NO. 1171 OF 2023 2025:KER:28680 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WA NO. 1171 OF 2023 AGAINST THE JUDGMENT DATED 05.05.2023 IN WP(C) NO.15714 OF 2022 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS: 1 STATE BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER, MUVATTUPUZHA BRANCH, ARAMANA COMPLEX, MUVATTUPUZHA P.O., ERNAKULAM DISTRICT, PIN - 686661 2 THE BRANCH MANAGER, STATE BANK OF INDIA, MUVATTUPUZHA BRANCH, ARAMANA COMPLEX, MUVATTUPUZHA P.O., ERNAKULAM DISTRICT-, PIN - 686661 BY ADVS. S.AMBILY K.K.CHANDRAN PILLAI (SR.) RESPONDENTS/PETITIONERS: 1 JOHN BABY, AGED 19 YEARS S/O.BABY VATTAKUNNEL, VATTAKUNNEL HOUSE, EAST MARADI P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-, PIN - 686673 2 BABY VATTAKUNNEL, S/O.PAULOSE, VATTAKUNNEL HOUSE, EAST MARADI P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686673 3 MATHEW, S/O.BABY VATTAKUNNEL, VATTAKUNNEL HOUSE, EAST MARADI P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-, PIN - 686673 WA NO. 1171 OF 2023 2025:KER:28680 2 BY ADVS. JOHNSON MANAYANI JEEVAN MATHEW MANAYANI(K/560/2011) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02.04.2025, ALONG WITH WA.1174/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 1171 OF 2023 2025:KER:28680 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WA NO. 1174 OF 2023 AGAINST THE JUDGMENT DATED 05.05.2023 IN WP(C) NO.14907 OF 2022 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS: 1 THE STATE BANK OF INDIA KAPPISET BRACH (08786), CHETTAPALAM P.O., PULPALLY, WAYANAD REPRESENTED BY ITS BRANCH MANAGER, PIN - 673579 2 THE BRANCH MANAGER, KAPPISET BRACH (08786), CHETTAPALAM P.O., PULPALLY, WAYANAD ., PIN - 673579 BY ADVS. S.AMBILY K.K.CHANDRAN PILLAI (SR.) RESPONDENTS/PETITIONER: AJITH SAJEEVAN AGED 19 YEARS S/O. SAJEEVAN, CHANDRAPURACKAL, PULPALLY, MARAKADAVU P.O., WAYANAD-, PIN - 673579 BY ADV S.SHANAVAS KHAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02.04.2025, ALONG WITH WA.1171/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 1171 OF 2023 2025:KER:28680 4 JUDGMENT (Dated this the 2nd day of April 2025) NITIN JAMDAR, C.J. Heard Mr.K.K.Chandran Pillai, learned Senior Advocate instructed by Ms.S.Ambily, learned counsel for the Appellants and Mr.Jeevan Mathew Manayani, learned counsel for Respondents in W.A.No.1171 of 2023 and Mr.S.Shanavas Khan, learned counsel for the Respondent in W.A.No.1174 of 2023. 2. Both these appeals arise from the common judgment passed by the learned Single Judge on 5 May 2023, disposing of W.P.(C)Nos. 14907 and 15714 of 2022. The petitions were filed by students who were desirous of securing admission for B.Tech course after availing education loans. The education loan could not be availed by the Petitioners because of their credit rating. The learned Single Judge disposed of the Writ Petitions and directed the Respondent, i.e., the Appellant - Bank, to consider the education loan applications submitted by the Petitioners without regard to their credit reports. Being aggrieved by such a direction, the Appellant – Bank is in appeal before us. 3. When the appeals came up for consideration on 21 June 2023, the impugned direction was stayed. The learned counsel for the Respondent – Original Petitioner in W.A. No. 1171 of 2023 submitted that the Petitioner improved his credit rating and obtained the education WA NO. 1171 OF 2023 2025:KER:28680 5 loan based on his credit rating and not on the basis of the impugned judgment. As regards W.A. No. 1174 of 2023, the learned counsel for the Petitioner submitted that, due to other reasons, the Petitioner did not apply for the course and consequently, the loan. 4. Therefore, both the Petitioners have not taken advantage of the impugned judgment. The judgment was also stayed during the pendency of the appeals. Since the Respondents are not relying on the impugned judgment and do not intend to take benefit of the same, it is not necessary to entertain the appeals, as they have been rendered academic. As regards the legal question as to whether such a direction could have been issued, it is kept open to be urged in an appropriate case. 5. Declaring that the impugned judgment has lost its efficacy and no longer binds the Appellant in these cases, the appeals are disposed of. The question of law is kept open. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S.MANU JUDGE rp WA NO. 1171 OF 2023 2025:KER:28680 6 APPENDIX OF WA 1174/2023 PETITIONER ANNEXURES ANNEXURE 1 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 19248/2019 DATED 03.12.2019 ANNEXURE 2 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 25211/2022 DATED 19.12.2022 ANNEXURE 3 COPY OF THE INITIAL MODEL EDUCATIONAL LOAN SCHEME 2001 PUBLISHED BY THE INDIAN BANKS ASSOCIATION ANNEXURE 4 COPY OF THE LATEST MODEL EDUCATIONAL LOAN SCHEME 2021 PUBLISHED BY THE INDIAN BANKS ASSOCIATION ANNEXURE 5 COPY OF THE RELEVANT PORTION OF THE MANUAL OF LOANS AND ADVANCES DATED 30.09.2020 ANNEXURE 6 COPY OF THE RELEVANT PORTION OF THE CIRCULAR ISSUED BY THE BANK GIVING INSTRUCTIONS AS REGARDS THE GRANT OF EDUCATIONAL LOAN DATED 31.03.2022 WA NO. 1171 OF 2023 2025:KER:28680 7 APPENDIX OF WA 1171/2023 PETITIONER ANNEXURES Annexure A1 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 19248/2019 DATED 03.12.2019 Annexure A2 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 25211/2022 DATED 19.12.2022 Annexure A3 COPY OF THE INITIAL MODEL EDUCATIONAL LOAN SCHEME 2001 PUBLISHED BY THE INDIAN BANKS ASSOCIATION Annexure A4 COPY OF THE LATEST MODEL EDUCATIONAL LOAN SCHEME 2021 PUBLISHED BY THE INDIAN BANKS ASSOCIATION Annexure A5 COPY OF THE RELEVANT PORTION OF THE MANUAL OF LOANS AND ADVANCES DATED 30.09.2020 Annexure A6 COPY OF THE RELEVANT PORTION OF THE CIRCULAR ISSUED BY THE BANK GIVING INSTRUCTIONS AS REGARDS THE GRANT OF EDUCATIONAL LOAN DATED 31.03.2022