IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.471 of 2009 VARUN KUMAR SON OF DWARIKA PASWAN Versus 1. THE DIRECTOR, NATIONAL INSTITUTE of TECHNOLOGY, PATNA 2. THE DEAN OF ACADEMICS AFFAIRS, N.I.T., PATNA 3. THE DEAN OF STUDENT WELFARE, NATIONAL INSTITUTE OF TECHNOLOGY, PATNA 4. REGISTRAR, ACADEMICS, NATIONAL INSTITUTE OF TECHNOLOGY, PATNA ----------- 2. 24.02.2009 Heard learned counsel for the petitioner and N.I.T., Patna. The petitioner, a student of B. Tech (Mechanical) in 3rd year, is aggrieved by cancellation of his examination in 5th semester of the 3rd year and the direction given to him to get himself registered afresh in 5th semester, attend classes and then appear at the fresh examination to be held for the 5th semester subsequently in Sessions 2011-2012 by order dated 24.12.2008. Counter affidavit has been filed on behalf of the Respondents. The original order dated 24.12.2008 at Annexure-1 simply directs the cancellation of his current examination from the 5th semester and gives direction for readmission. At Annexure-2 is a notice issued by the Academic Section that the petitioner was allegedly reported using unfair practice and unfair means during the examination. Undoubtedly, the petitioner has submitted his representation as contained at Annexure-3 denying the same. The Respondents have filed a counter affidavit. The counter affidavit in paragraph 9 & 10 sets out the materials and grounds for the allegation of use of unfair means by the petitioner. The grounds mentioned in the counter affidavit were required to be a part of the notice published by the Academic Section on 16.12.2008. This Court is satisfied that the 2 Respondents cannot be permitted to urge in the counter affidavit what were required to be stated in the notice debarring the petitioner. In an individual allegation of use of unfair means, the Respondents were required to give notice to the petitioner of the allegations against him to enable him to submit his reply to the same. Only whereafter the Respondents could have taken a final decision on the allegations against the petitioner in accordance with law. It is the requirement of giving of reasons, which is the heart and soul of an order preventing arbitrariness. The order dated 16.12.2008 and 24.12.2008 are, therefore, set aside for that limited purpose with a direction to the Respondents to serve a show cause notice upon the petitioner setting out grounds for which the allegations of use of unfair means in the 5th semester examination in B.Tech. (Mechanical) Engineering course be there against the petitioner and after considering the cause shown by the petitioner within the time to be granted by the Respondents for the same, take appropriate action. Let the entire exercise from issuance of a show cause notice to the formal order in accordance with law be completed within a maximum period of one month from the date of receipt and/or production of a copy of this order, provided the petitioner himself cooperates in early disposal of the same. The writ application stands disposed. AKS/ (Navin Sinha, J.)