ISRANI, J.— This petition has been filed with a prayer that order Anx. P. 5 by which the petitioners examination of IIIrd Year B.E. V & VI Combined Semester (Back Paper) Examination, 1979 has been cancelled debarring him for subsequent examination, if it is held once a year or two subsequent examinations if the examination is held twice year be quashed and set aside. (2). Briefly stated that facts of the petition are that, it is alleged that petitioner who is student of Malviya Regional Engineering College, Jaipur, was appearing in IIIrd Year B.E. V & VI Combined Semester (Back Paper) Examination, 1979 which was held on 18.4.80, while he was appearing in exa mination from 3.00 to 6.00 P.M. with permission of the Invigilator he went to Urinal. When he returned back he found certain Professors and Invigilators, Shri K.K. Saxena and Shri C.L. Agrawal in the Examination Hall. It is alleged that Shri Srinivasan obstructed the petitioner while he was proceeding back to his seat and charged him with the allegation that Mr. Saxena had seen him copying from the Summer Chart of Crystallegraphic Systems, a leaf from the Text book of Geology and Mineralogy. It was alleged that the petitioner after copying the answer from the said paper, passed it on to Shri AD. Karmakar, another candidate, who was sitting at his back seat. This paper was recovered from Shri Karmakar. The petitioner denied the charge and stated that he is being falsely framed. It was also stated by petitioner that, if he was found to be copying the Invigilator could have caught him there and then. It is also denied that the alleged paper was ever recovered from him. The petitioner was not allowed to sit in the examination. However, after filing this writ petition the petitioner was allowed to complete the examinations. It has been also stated by the learned counsel for the petitioner that his result has been declared and the petitioner has been successfuly. He passed out in the year 1982. (3). It is submitted by Shri O.P. Sharma, learned counsel that petitioner was General Secretary of Students Union and had complained against missing of certain costly books from the Library. Shri Shrinivasan, Head of the Department was also President of Library. On this account, it is submitted that a personal enmity had developed against the petitioner. (3). It is submitted by Shri O.P. Sharma, learned counsel that petitioner was General Secretary of Students Union and had complained against missing of certain costly books from the Library. Shri Shrinivasan, Head of the Department was also President of Library. On this account, it is submitted that a personal enmity had developed against the petitioner. It is also submitted that no evidence of any persons including Invigilator etc. was recorded in presence of petitioner and he did not get any opportunity to cross-examine them. In this way the principles of natural justice have been flouted. It is also submitted that about 9 years have passed away and the petitioner is now settled as respectable citizen of this country and is employed. (4). It is submitted by Shri Y.C. Sharma, learned counsel that a show cause notice Anx. 3 was given to the petitioner and show cause notice Anx. 4 was given to Shri AD. Karmakar. No action was taken against Shri Karmakar since he stated that the paper was thrown to him without his consent and he had not used the same. This is mentioned in Anx. P. 2 report of Invigilator. Apart from that remarks of Centre Superintendent are also mentioned which showed that the petitioner did pass on a leaf as mentioned above to Shri Karmakar who was sitting in his back before he went to Urinal. It is also submitted that statement of Invigilator and other concerned persons were recorded and on its basis subsequent decision was taken. It is also submitted that show cause notice was given to him and he was given an opportunity of hearing. (5). I have heard both the parties and gone through the documents on record. It is given out by learned counsel for the respondent that reply has been filed, but the same is not on record. The learned counsel for the petitioner has filed the copy of the same. He is directed to place the same on record of this file today. (6). It is evident from the facts & arguments mentioned above that the statements of the Invigilator and other concerned examination authorities were recorded behind the back of the petitioner. The learned counsel for the petitioner has filed the copy of the same. He is directed to place the same on record of this file today. (6). It is evident from the facts & arguments mentioned above that the statements of the Invigilator and other concerned examination authorities were recorded behind the back of the petitioner. The first requirement of principles of natural justice is that in such matters, where the career of an student is on stake, the statements of Invigilator and such other authorities, who are said to have seen, should be recorded in the presence of the petitioner, so that he can have the chance of cross-examination them. Apart from this, Ordinance 152 of the University of Rajasthan deals with that cases of unfairmeans. In sub-clause (v) of the Ordinance it is provided that "where the Centre Superintendent refers a case of unfairmeans or disorderedly conduct to the University he shall record such evidence as is available in support of the allegations made by the Invigilator /member of the Flying Squad or any member of the supervisory staff and after giving his own remarks, he shall send all the relevant material to the University for further action. It is evident that this procedure has not been followed, which is a mandatory requirement for taking any action in such cases. (7). I am, therefore, of the considered opinion that guilt has not been brought home to the petitioner. Anx. P. 5 dated 12.7.80 is set aside. The petitioner has already appeared in examination and has been declared successful in the same. If the degree has not been issued, the same shall be issued by the concerned authorities on payment of necessary charges, if any. (8). The writ petition is allowed with no order as to costs.