Thottathil B.Radhakrishnan, J.
1. A statutory bank is in appeal. It challenges the decision of a learned single Judge interfering with the bank's refusal to provide education loan to a student pursuing B.Sc Nursing course. The learned single Judge followed the judgment in Runa Varghese v. Federal Bank [2014(2) KLT 764].
2. The learned counsel for the appellants argued that Runa Varghese (supra) was not decided appropriately inasmuch as the relevant materials are not seen produced in that case. But, looking at the pleadings and evidence in the case in hand, we think that it is unnecessary for us to consider the correctness or otherwise of Runa Varghese (supra).
W.A.No.1174/14 2
3. Exhibit P3 shows that the writ petitioner was admitted to the graduate programme in Nursing of the University College of Medical Education affiliated to Mahatma Gandhi University. Exhibit P4 shows that the Institute of Nursing Education, School of Medical Education, M.G.University, Regional Centre, Victoria Buildings, Nedumkandam, Idukki is an institution approved by the Indian Nursing Council. Adverting to Annexure A5, which, according to the appellants, is the binding guideline, it can be seen that approved courses leading to graduate degree conducted by recognized Colleges/Universities, recognized by UGC are courses eligible for the benefit. There is no dispute that the course in question conducted by the M.G.University does not fall in that category. That being so, the student's eligibility will be on the basis whether the admission was on merit based selection. This is the effect of clause 4.1 of Annexure A5. There is no question of the admission not having been made on the basis of merit even if there was no entrance test. We say so because, even clause 4.1 proceeds maintaining the distinction between entrance test and merit based selection. Whatever that be, the W.A.No.1174/14 3 admission is merit based and the institute and course fall under Annexure A5.
4. For the aforesaid reasons, we do not find any ground to interfere with the directions issued by the learned single Judge, though for different reasons.
In the result, this writ appeal is dismissed.
Sd/-
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/-
(BABU MATHEW P. JOSEPH, JUDGE) //TRUE COPY// P.A TO JUDGE DG