( 1 ) THIS special appeal is directed against the judgment and order dated 23. 8. 1999 of a learned single Judge by which Writ Petition No. 39548 of 1998 filed by respondent. Hiyat Khan, was allowed and the order dated 12. 10. 1998 passed by Director. Indian Institute of Technology. Kanpur (hereinafter referred to as the IIT) terminating his training was quashed.

( 2 ) THE respondent, Hiyat Khan, was enrolled by the IIT, Kanpur, as a trainee (Machinist) on 7. 10. 1996 for a period of two years. His training was initially terminated by order dated 19. 9. 1997. This was challenged by him by filing C. M. Writ Petition No. 39148 of 1997 which was allowed on 21. 5. 1998 and the order terminating his training was quashed. It was, however, left open to the appellants (respondents in the writ petition) to take appropriate action and pass a fresh order after affording an opportunity of hearing to the writ petitioner. Thereafter, the appellant served a notice dated 12. 6. 1998 upon the respondent to show cause why his training programme be not terminated. He was also afforded an opportunity of personal hearing. Thereafter, an order was passed on 12. 10. 1998 terminating his