@JUDGMENTTAG-ORDER
K. Chandru, J.@mdashHeard both sides.
2. The petitioner has filed the present writ petition, seeking for a direction to respondents to take appropriate action on his representation, dated
28.8.2009 relating to the petitioner''s request for educational loan for undergoing B.Ed. course for the academic year 2008-2009.
3. The petitioner in his affidavit has stated that he belonged to scheduled caste community. At present, he was doing M. Phil course in Annamalai
University. The petitioner stated that he studied B.Ed. course with optional subject in History at Alwin College of Education at Valasaravakkam,
Chennai-87. It was claimed that the said Teachers'' college is affiliated to Tamil Nadu Teachers Education University. The petitioner had
approached the third respondent for getting educational loan for undergoing the B.Ed. course. The Branch Manager after processing the
petitioner''s application accepted to grant educational loan. The petitioner had done all necessary paper works. However, after several trips to the
Bank, on 21.5.2009, the petitioner was informed that the such a loan cannot be granted. It was stated that the educational loan for the students of
the College affiliated to the Tamil Nadu Teachers Education University can be considered only after ascertaining from the University Grants
Commission (for short UGC) whether recognition was granted to the said University by them.
4. The petitioner produced a letter from his college addressed by the University which was established by the Tamil Nadu Act 33/2008. The
University, by its letter, dated 10.6.2009, stated as follows:
This is to certify that the Tamil Nadu Teachers Education University, Chennai was established by an Act passed by Tamil Nadu Legislative
Assembly [Tamil Nadu Act 33 of 2008].
As per Sub-section (4) Section 1 of Tamil Nadu Teachers Education University Act, the date of commencement of the University as 01.07.2008
was notified in G.O.Ms.256, Higher Education (K2) Department 25.06.2008.
All colleges offering Teachers Education programme and affiliated to the Universities in Tamil Nadu now stand affiliated to Tamil Nadu Teaches
Education University with effect from 01.07.2008 as per the said section.
Accordingly, the Alwin College of Education, 10 A, Madurai Meenakshi Main Road, Rajaji Avenue, Valasaravakkam, Chennai-600 087,
provisionally affiliated to Tamil Nadu Teachers Education University, Chennai, during the academic year 2008-2009.
This Certificate is issued, on request of the college, to enable the B.Ed students to avail Education Loan for the academic year 2008-2009.
5. Notwithstanding the said letter, the respondents did not grant the petitioner the loan. Even by a further letter, dated 8.7.2009, the petitioner was
given the same reply from the Bank. The petitioner issued a legal notice to the Bank. Notwithstanding all these, the respondents did not sanction
the loan which forced the petitioner to file the present writ petition.
6. Notice was ordered to the respondents. On notice from this Court, on behalf of all the respondents, the second respondent has filed a counter
affidavit, dated 3.10.2009. It was claimed by the second respondent that for the current year, 60 loan applications were received and out of
which, 49 loans have been sanctioned and three applications were rejected as they did not satisfy the criteria. Eight applications are under process.
7. Insofar as the case of the petitioner, the respondents stuck to the same stand, by stating that the bank had taken a policy decision in consultation
with the Indian Banks Association (IBA). Therefore, the loan applications for students of the University will be granted only if the University had
been formed u/s 2(f) of the UGC Act. Though it was admitted that the Tamil Nadu Teachers Education University was established by the Tamil
Nadu Act 33/2008, it has applied to the UGC for getting a recognition u/s 2(f) of the UGC Act, 1956. Any college which is affiliated to the said
University should have UGC recognition and only after ascertaining the UGC recognition status, the loan applications will be considered.
8. The stand taken by the respondents Bank is unhelpful. The respondents are aware that the College in which the petitioner underwent B.Ed
course is affiliated to an University, which is established by an Act of Tamil Nadu Legislature, i.e. Tamil Nadu Act 33 of 2008. It has come into
existence with effect from 1.7.2008. Therefore, they cannot contend that either the College is not having affiliation or the University to which it is
affiliated is a bogus one.
9. On the contrary, even in the circular issued by the Indian Banks Association, the eligibility criteria states that loan is available for the course in
India relating to B.A., B.Com, B.Sc. Degrees. It is only when it came to other courses leading to diploma/degree conducted by
colleges/universities approved by UGC/Government/AICTE/AIBMS/ICMR, etc. From this, one cannot presume that the University established by
the State must also get its recognition from the UGC.
10. In this context, it is necessary to refer to the judgment of the Supreme Court in Guru Nanak Dev University Vs. Sanjay Kumar Katwal and
Another, . The following passages found in paragraphs 13 and 15 may be usefully reproduced:
13. ...The appellant University in its additional affidavit has clarified that there are three types of courses, as under:
(i)Regular courses;
(ii)Correspondence courses: (where the university directly sends the course material to the students. There is therefore direct contact of the
university with the students.);
(iii)Distance Education courses: (where the university concerned designates franchisee/associate institutions in the local area concerned and the
course material is then given by the said franchisee/associate centre. There is no direct contact between students and the university.)
...
15. ...Equivalence is a technical academic matter. It cannot be implied or assumed. Any decision of the academic body of the university relating to
equivalence should be by a specific order or resolution, duly published....
11. The Supreme Court in Pramod Kumar Vs. U.P. Secondary Education Services Commission and Others, while dealing with the degree granted
by an unrecognized university has also held that as to when a degree can be said to be recognized degree. In this context, it necessary to refer to
the following passage found in paragraph 21 of the said judgment, which is as follows:
21. It is not in dispute that the said institution was not recognised by any university. A degree is recognised only if it is granted by a university
constituted in terms of the University Grants Commission Act, 1956 or under any State or parliamentary Act. No university can be established by
a private management without any statutory backing.
12. In the present case, the very University had affiliated the college in which the petitioner had registered for his B.Ed. Course. Therefore, the
contention raised by the respondents that they should further seek for UGC recognition is not only meaningless, but contrary to Section 22 of the
UGC Act. The State Act as per Section 22 of the UGC Act, has a right conferred to grant degrees. Therefore, it is too late for the respondents to
contend that there should be a further recognition by the UGC and that too for an University which was established by a State enactment.
13. In the light of the above, the writ petition will stand allowed. No costs. The respondents are directed to grant appropriate educational loan to
the petitioner within a period of thirty days from the date of receipt of copy of this Court.
