IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14440 of 2009 RAM PAWAN SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 13.11.2009 Heard learned counsel for the petitioner and for Jawahar Navodya Vidyalay Samittee. It is the contention of the petitioner that his son was admitted in the Respondent-Vidyalay after proper verification of his eligibility and documents. He was allowed to sit in Class VI examination when his results have also been declared that he has passed. Thereafter on 3.10.2009, the Respondent-Vidyalay has communicated cancellation of admission of his ward. This Court cannot help but express its concern of the manner in which the Government institutions and bodies continue to function and pass orders, notwithstanding the repeated judicial pronouncements that the order of the Government functionary having adverse civil consequences must be reasoned and speaking. The need for this has now assumed greater significance in view of increasing burden of litigation being thrown upon the Courts by non-speaking orders passed by the Government authorities. The Courts have held repeatedly that reasons are the heart and soul of an order and control arbitrariness. Reasons also leave the citizen satisfied that he has had a fair deal and that his case has been considered but he was unfortunate that the law was against him. Reasons bring transparency in the order. The authorities insist on passing orders contrary to law and what the Courts have held repeatedly and then come to the Court saying that they will file 2 counter affidavit and explain the order, when the law is equally settled that an order must be reasoned and it cannot be explained in the counter affidavit. The order of the Government statutory functionary shall be tested on the basis of the recital contained therein. The Court has little option but to set aside the order as being arbitrary and illegal. The order dated 3.10.2009 is, accordingly, set aside. If the Respondents wish to proceed afresh, they shall be required appropriately on facts as alleged on behalf of the petitioner to consider and deal with the judgments of the Apex Court in A.I.R. 1976 Supreme Court 376 and (2009) 1 SCC 610 and pass a reasoned and speaking order facilitating judicial review, should the need arise. Before passing the order, the Respondents shall be obliged to furnish all materials to the petitioner with an opportunity to him to meet the same and only thereafter they shall pass the final order. The application stands allowed. AKS/ (Navin Sinha, J.)