JUDGMENT : 1. These writ petitions since involve a similar issue, therefore, have been directed to be listed together for analogous hearing and accordingly, they have been heard together and are being disposed of by this common order. 2. This Court before considering the issues involved in these cases, deem fit and proper to refer herein that these writ petitions were listed down the list on 02.09.2019 and were mentioned at 10.30 am by the learned counsel for the petitioners for its hearing out-of-turn since the petitioners have been debarred from appearing in the examination to be conducted by Union Public Service Commission (in short ‘UPSC’) and the UPSC has come out with an advertisement for admission in the National Defence Academy (NDA). The last date of submission of application form is 03.09.2019, but on 02.09.2019, the matters could not be taken up due to Court’s reference on the demise of Hon'ble The Acting Chief Justice and as such, the matter has been directed to be listed on 03.09.2019 and in terms of the aforesaid order, the matters have been listed today and have been taken up for hearing considering the aforesaid urgency. 3. Learned counsel for the petitioners has submitted for passing appropriate order on the Interlocutory Applications for allowing the petitioners to fill-up the form of National Defence Academy & Naval Academy Examination (II), 2019, which is to be commenced on 7th August, 2019 and the last date for filling up the Form is 3rd September, 2019, but this Court after taking into consideration the fact that in all the cases, counter affidavit has been filed by the UPSC, therefore, deem it fit and proper to dispose of the writ petitions finally. 4. The writ petitions are against the order passed by the Union Public Service Commission (in short ‘UPSC’), whereby the decision has been taken for depriving the petitioners permanently from appearing in all the future examinations/selection to be held by the UPSC with immediate effect. 5. 4. The writ petitions are against the order passed by the Union Public Service Commission (in short ‘UPSC’), whereby the decision has been taken for depriving the petitioners permanently from appearing in all the future examinations/selection to be held by the UPSC with immediate effect. 5. The brief facts of the case, as per the pleadings made in the writ petitions, are that the petitioners are aspirants for NDA/Naval Academy examinations, who are students of Sainik School, Telaiya and passed their Intermediate Examination from the said School with an intention to serve the nation, who after attaining the age of maturity, started preparing for the examination to be conducted by the UPSC for the National Defence Academy & Naval Academy Examination (II)-2018. The Admit Cards were issued in their favour, the date of examination was notified to be on 09.09.2018 and the venue was fixed in the district of Ranchi in a School. 6. The petitioners appeared in the said examination at the scheduled time and date and after completion of the examination, they have been served with a show cause notice alleging therein that a candidate named Saurabh Anand, who had appeared at the said examination at A.N. College, Shatabadi Block, Boring Road, Patna, was caught red-handed using his mobile phone for sending the questions out and getting the responses back through WhatsApp during examination and on investigation, it has been found that a WhatsApp Group named “Berojgartoliofficial 1118” was active in the cheating so as to give undue advantage in the examination. 7. It was further mentioned that on an enquiry it has been noticed that the petitioners were one of the members of the said Group and being a member of the said Group, the petitioners failed to report beforehand about the same to the Commission or to the police authorities for taking suitable action against the culprits. 8. 7. It was further mentioned that on an enquiry it has been noticed that the petitioners were one of the members of the said Group and being a member of the said Group, the petitioners failed to report beforehand about the same to the Commission or to the police authorities for taking suitable action against the culprits. 8. Further allegation has been made that the petitioners have failed to report the matter even after the examination despite more than a week was over and as such, the allegation of misconduct has been levelled upon the petitioners to the effect that they knowingly concealed the information about the aforesaid cheating and illegal activities of the WhatsApp Group and hence, there is a contravention of provision of Rule 5 of National Defence Academy & Naval Academy Examination (II)-2018 and the petitioners were directed to show cause as to why the Commission should not take action against them by cancelling their candidature and debarring them permanently from all future examinations/selection of the Commission. 9. The petitioners have replied to the said show cause through e-post/registered post and also through email dated 23.11.2018 denying the said allegation stating inter alia therein that they were not at all aware about the happening of any such incidence necessitating them to report about the same either to the police authority or the Examination body. It has been further responded therein that merely on account of the fact that they were members of a WhatsApp Group, no conclusive proof of their being accomplice in the said occurrence can be alleged. The further contention has been raised that although the reply through email have been sent, but it has been reflected in the impugned order that no response was given and as such, the decision has been taken without consideration of the aforesaid reply of the petitioners and thereby debarred the petitioners from participating in all future examinations to be conducted by the UPSC. 10. Mr. 10. Mr. Sachin Kumar, learned counsel appearing for the petitioners, has submitted that even from the stand taken by the respondents-UPSC in the counter affidavit, there is no evidence connecting the petitioners to the said incidence and said Saurabh Anand in his confessional statement though disclosed the names of his two accomplice who were the students of the same Sainik School of the same batch, but he did not disclose the names of these petitioners and even the police in course of investigation has got no evidence against the petitioners, rather the police has sought for information from the UPSC with respect to availability of any evidence against the petitioners and save and except the said stand taken in the counter affidavit, no other evidence has come against the petitioners. 11. Mr. Faiz Ur Rahman, learned counsel appearing for the UPSC, by referring to the stand taken by the respondents in the counter affidavit, has stated that there is material evidence against the petitioners to the effect that they were the members of the WhatsApp Group named ‘Berojgartoliofficial 1118’ and as such, they cannot be said to be not involved in the said occurrence. He further submits that merely on account of the fact that their mobile phones have been kept out from the Centre, it cannot be said that the petitioners have got no intention to commit the said unfair practice for getting selection in the National Defence Academy & Naval Academy Examination (II)-2018; it was their sheer misfortune that the Invigilators took their mobile phones, but that does not mean that they had got no intention to commit the said unfairness being the active members of the said WhatsApp Group. Further submission has been made that the UPSC after getting the aforesaid information has directed the District Police of Patna (Bihar) to conduct an investigation. The investigation was conducted and from the report it is evident that the question papers have been leaked to a particular place for its onward transmission at the correct address of the students who were the members of the WhatsApp Group. The investigation was conducted and from the report it is evident that the question papers have been leaked to a particular place for its onward transmission at the correct address of the students who were the members of the WhatsApp Group. The confessional statement of said Saurabh Anand has also been brought on record basing upon which the investigation report has been submitted which is Annexure A to the counter affidavit of the writ petition being W.P. (C) No.279 of 2019 dated 15.10.2018 as has also been brought in the counter affidavit filed in W.P. (C) No.3068 of 2019 wherefrom it has been demonstrated that the named accused Saurabh Anand was taken on remand from judicial custody and was interrogated wherein who confessed that he had qualified in NDS/NA Examination conducted by UPSC by cheating through using his mobile phone in examination hall and by getting answers of some questions from his close friends namely Jyotish Kumar Das and Sitaram Prasad. He has also stated that the WhatsApp Group named 'Berojgartoliofficial 1118’ includes students of 2011-18 batch of Sainik School, Telaiya, Jharkhand. Further it has been recorded therein that the cheating was committed by the named accused Saurabh Anand at A.N. College, Patna Centre, Patna with the help of his two accomplice Jyotish Kumar Das and Sitaram Prasad and possibility of spreading of the cheating has been said to be confined to some members of the said WhatsApp Group, but however, the confession has been made by said Saurabh Anand that this WhatsApp Group includes students of 2011-18 batch of Sainik School, Telaiya. By referring to these documents, submission has been made by Mr. Faiz Ur Rahman that serious misconduct has been committed by the petitioners in rebuttal to the stand taken by the learned counsel for the petitioners that merely on the ground of being members of the WhatsApp Group, it cannot be said that any misconduct/irregularity has been committed by the petitioners in the said examination. Faiz Ur Rahman that serious misconduct has been committed by the petitioners in rebuttal to the stand taken by the learned counsel for the petitioners that merely on the ground of being members of the WhatsApp Group, it cannot be said that any misconduct/irregularity has been committed by the petitioners in the said examination. He submits that the petitioners were members of the WhatsApp Group and due to the fact that they were not allowed to enter in the Examination Centres with their Mobile Phones, they could not be able to commit the said unfairness, but the fact remains that their intention was not good and if any order would be passed on sympathy, that will be nothing but accelerating the said irregularity by commission of unfairness in the examination of selection in the National Defence Academy or the Naval Academy, which directly pertains to the issues of national integrity, since these Academies give birth to the members of the Armed Forces wherein the high standard of examination is required for testing the standard in the process of recruitment of the candidates. In response to the submissions of the petitioners that they have already suffered for two years, it is argued by Mr. Rahman that if the petitioners are seeking consideration of penal action on its quantum, the proper course would be to approach the competent authority for taking a decision in accordance with law and in this context, he has relied upon an order passed by the Hon’ble Apex Court in Civil Appeal No.6036-6040 of 2019. 12. Having heard the learned counsel appearing for the parties and on appreciation of their argument, it needs to refer herein the fact about the Institution like the NDA/Naval Academy which has been created for recruitment of the candidates in the Armed/Naval forces, meaning thereby, the standard of examination for giving birth to the members of Armed/Naval forces is required to be of utmost standard since it goes to the issues of the national integrity. For testing the standard of one or the other candidates, the standard of examination has been carved out by the UPSC by taking the examination in this regard by publication of the advertisement through its wide publication in print as well as paper media. 13. The petitioners were the students of Sainik School, Telaiya of batch 2011-18. For testing the standard of one or the other candidates, the standard of examination has been carved out by the UPSC by taking the examination in this regard by publication of the advertisement through its wide publication in print as well as paper media. 13. The petitioners were the students of Sainik School, Telaiya of batch 2011-18. The Union Public Service Commission had come out with an advertisement for consideration of the candidature of one or the other candidates for admission in the NDA/Naval Academy. In pursuance thereto, the petitioners had made their applications and the centres were fixed in the district of Ranchi. 14. The petitioners had participated in the process of selection by putting their appearance in the centres located in the district of Ranchi and after completion of the examination, show cause notices have been issued upon the petitioners asking them to reply as to why they be not debarred from appearing permanently in the future examinations to be conducted by the UPSC on the ground of allegation that they being the members of a WhatsApp Group named 'Berojgartoliofficial 1118’ and one of the users of the said WhatsApp Group has been caught red-handed from a centre located in the district of Patna (Bihar) namely Saurabh Anand, who has been found to be involved in leaking out the questions through WhatsApp and getting the answers through his two friends namely Jyotish Kumar Das and Sitaram Prasad. The allegation has been levelled against the petitioners that though they were members of the said WhatsApp Group, they failed to report it either to the police or to the UPSC and as such, serious irregularities have been committed by them and hence, their responses were sought for. 15. The petitioners have contended that the show cause notices have duly been replied by sending it through registered post and email, but the respondents-UPSC has taken a final decision presuming that the petitioners have not responded to the said show cause and accordingly penalized them by debarring them permanently from appearing in the future examinations to be conducted by the UPSC. 16. Admittedly the mobile phones have not been recovered from the possession of the petitioners and that is the main ground taken by the petitioners in these writ petitions showing their innocence. 16. Admittedly the mobile phones have not been recovered from the possession of the petitioners and that is the main ground taken by the petitioners in these writ petitions showing their innocence. The question herein is that admittedly the petitioners were the members of the WhatsApp Group named 'Berojgartoliofficial 1118’ and were also a batch of 2011-18 of Sainik School, Telaiya in the State of Jharkhand. It is also an admitted position that on the said WhatsApp Group, one Saurabh Anand has leaked the question for getting its answer from outside the Centre, as would appear from the leaked questions with answers brought on record in the counter affidavit filed by the respondents-Commission. 17. The petitioners contend that they have filed show cause but it has not been considered before taking the final decision, whereas, on the other hand, the respondents-Commission has accepted the aforesaid plea saying it to be due to oversight. The petitioners also contend that two years have already lapsed and since the nature of entire decision taken by the respondents-Commissioner is debarring the petitioners from all future examinations to be conducted by the UPSC, as such, the matter requires consideration by the UPSC. 18. At this juncture, it also needs to refer of an order passed by Hon’ble Apex Court in Civil Appeal Nos.6036/6040 of 2019, which has been placed by Mr. 18. At this juncture, it also needs to refer of an order passed by Hon’ble Apex Court in Civil Appeal Nos.6036/6040 of 2019, which has been placed by Mr. Faizur Rahman, learned counsel appearing for the respondents-Commission and after going across the facts as enunciated therein, it transpires that a candidate appearing in the NDA/Naval Academy Examination, has been found to be involved in the commission of unfair means and the subject matter in the case before the Hon’ble Apex court was the decision of the Commission debarring the candidates for 10 years as also the order of the appellate authority to confine the debarment only to that examination, in which the Hon’ble Apex Court after taking into consideration the various judicial pronouncements of the Hon’ble Apex Court rendered in the cases of Board of High School and Intermediate Education, U.P. vs. Bagleswar Prasad & Ors [ (1963) 3 SCR 767 ], Karnataka Public Service Commission & Ors, etc vs. B.M. Vijaya Shankar & Ors [ (1992) 2 SCC 206 ]; Central Board of Secondary Education vs. Vineeta Mahajan & Ors [ (1994) 1 SCC 6 ], Director (Studies) & Ors vs. Vaibhav Singh Chauhan [ (2008) 14 SCALE 554 ] and Secretary, Tamil Nadu Public Service Commission vs. A.B. Natarajan & Ors, Etc [ (2014) 14 SCC 95 ], has been pleased to observe that the educational institutions and more so, the recruitments would require high probity to be maintained and the examination pertaining to NDA requires higher standards in a job profile to defend the country. The position would be no different for the Civil Services Examination and, therefore, sympathy shown in such circumstances would amount to misuse of sympathy, but, simultaneously some sympathy has been shown to have been taken considering the age profile of the candidates ranging from 16½ to 19 years and the respondents of the said case were also the students of the Sainik School, Ghorakhal, District Nainital and from the students of such a disciplined school, in fact, a greater responsibility is expected from them. The punishment of debarment of 10 years would also not only exclude them from that examination in which the permissible age is 16-19 years, but would also prevent them from appearing in the further examinations. The punishment of debarment of 10 years would also not only exclude them from that examination in which the permissible age is 16-19 years, but would also prevent them from appearing in the further examinations. The debarment was for a long period of 10 years and accordingly the appellant-Commission after taking into consideration the period of debarment, which is of four categories, (a) Life debarment, (b) bar of 10 years, (c) bar of 5 years and, (d) debarment for that examination, and hence, has been pleased to direct the UPSC to re-examine the quantum of punishment. 19. This Court after appreciating the matter in detail, as discussed herein above, has found the following facts: - (i) The plea which has been taken by the respondents pertaining to having no mobile phone recovered from the possession of the petitioners. (ii) The petitioners have taken a specific plea about filing of the show cause reply sent through registered post and email. The said fact has been admitted by the respondents in their counter affidavit by taking stand that due to over-sight, the same could not be considered. (iii) The Superintendent of Police (City), Central Patna has made a communication dated 19.03.2019, as has been brought on record in the counter affidavit, to furnish certain information for assessing the conduct of the petitioners, i.e.; (a) their mobile numbers; (b) Admit Cards in their favour; (c) Attendance Letters; (d) any irregularity if committed by the petitioners. Therefore, this Court is of the view that in the light of the aforesaid reasons, the matter requires fresh consideration by the UPSC. Hence, the matter is remitted before the concerned authority of the UPSC to take a fresh decision by passing a speaking order after re-examining the matter in the light of the discussions made above, within a period of four weeks from the date of receipt/production of a copy of this order. 20. The writ petitions stand disposed of accordingly. 21. In view of the final order passed in the writ petitions, the Interlocutory Applications stand disposed of.