The Patna High Court has held that cancellation of a work experience certificate by a public authority, without due consideration of the petitioner’s response to a show cause notice, constitutes a non-application of mind and a breach of natural justice. The Court set aside the ex parte order and remanded the matter for a fresh decision as per the principles stated in Oryx Fisheries Pvt. Ltd. v. Union of India (2010). This decision reaffirms the obligation of authorities to provide a fair hearing and apply their mind to representations, setting a binding standard for public decision-making processes in Bihar.
Summary
| Category | Data |
|---|---|
| Case Name | CWJC/16253/2025 of Suraj Kumar Kushvaha Vs The State of Bihar |
| CNR | BRHC011031502025 |
| Date of Registration | 26-09-2025 |
| Decision Date | 17-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | HONOURABLE THE CHIEF JUSTICE |
| Court | Patna High Court |
| Bench | HONOURABLE THE CHIEF JUSTICE and MR. JUSTICE ALOK KUMAR SINHA |
| Precedent Value | Binding on subordinate courts in Bihar |
| Overrules / Affirms | Affirms Oryx Fisheries Private Ltd. v. Union of India (2010) 13 SCC 427 |
| Type of Law | Administrative Law; Principles of Natural Justice |
| Questions of Law | Whether an administrative order canceling a certificate, without considering the petitioner’s reply, violates principles of natural justice. |
| Ratio Decidendi | The Court found that the petitioner was not given a genuine opportunity of hearing, as his reply to the show cause notice was not considered at all. This amounted to non-application of mind and a denial of the right to be heard. Relying on the Supreme Court’s guidance in Oryx Fisheries Pvt. Ltd., the Patna High Court clarified that administrative authorities must decide such matters strictly in accordance with law and principles of natural justice. Consequently, the impugned order was set aside and the matter remanded for fresh consideration. |
| Judgments Relied Upon | Oryx Fisheries Private Ltd. v. Union of India & Ors. (2010) 13 SCC 427 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | The Court emphasized the need for public authorities to follow the elements of natural justice, including fair hearing and reasoned order, as enunciated by the Supreme Court in Oryx Fisheries. |
| Facts as Summarised by the Court | The petitioner’s work experience certificate was canceled by an ex parte order without considering his reply to an earlier show cause notice. The authority’s action was deemed to lack proper consideration and application of mind, amounting to a breach of natural justice. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Bihar |
| Persuasive For | Other High Courts, particularly in similar administrative law contexts |
| Follows | Oryx Fisheries Private Ltd. v. Union of India & Ors. (2010) 13 SCC 427 |
What’s New / What Lawyers Should Note
- Reiterates that mere issuance of a show cause notice and receipt of reply is not enough; the authority must actively and fairly consider the reply before taking an adverse action.
- Explicitly binds subordinate authorities in Bihar to follow the Supreme Court’s articulation of natural justice in Oryx Fisheries (2010), particularly para 40.
- Lawyers can cite this judgment to challenge ex parte administrative actions where responses or representations are not genuinely considered.
- Remands become necessary if the decision-making authority fails in the duty of fair consideration and reasoned order.
Summary of Legal Reasoning
- The Court examined the impugned order canceling the petitioner’s work experience certificate, noting that while a show cause notice was issued and a reply received, there was no indication whatsoever that the reply was considered by the respondent authority.
- The absence of any reasoning or consideration revealed a “total non application of mind.”
- The Court emphasized that such conduct amounts to a denial of natural justice, referring to the elements highlighted in para 40 of Oryx Fisheries Private Ltd. v. Union of India & Ors. (2010) 13 SCC 427.
- The only legally proper course was to set aside the order and remand the matter for de novo consideration, with express direction to follow natural justice and Supreme Court guidance.
Arguments by the Parties
Petitioner
- The work experience certificate was canceled without proper hearing.
- Though a reply was submitted to the show cause notice, it was not considered by the authority.
- The cancellation was arbitrary and in breach of principles of natural justice.
Respondent
- No independent arguments appear in the judgment extract; action was based on stated deficiencies.
Factual Background
The petitioner had been issued a work experience certificate by the Rural Works Department, which was subsequently canceled by order dated 22.05.2025. While a show cause notice was allegedly issued and a reply was submitted by the petitioner, the cancellation order does not indicate any consideration of the petitioner’s reply. The order was passed ex parte and formed the subject of the present writ petition.
Statutory Analysis
The judgment deals broadly with administrative law principles and the doctrine of natural justice. Specific statutory sections are not mentioned; however, the Court explicitly refers to and incorporates the reasoning of the Supreme Court in Oryx Fisheries Private Ltd. v. Union of India (2010) regarding the essential requirements for fairness, hearing, and reasoned orders in public administrative decision-making.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
No new procedural directions or innovations are recorded beyond the application of established Supreme Court precedent and remand for fresh consideration.
Alert Indicators
- ✔ Precedent Followed – The judgment follows and applies the Supreme Court’s decision in Oryx Fisheries Private Ltd. v. Union of India (2010), reinforcing existing mandates on compliance with natural justice in administrative actions.