Neutral Citation No. - 2025:AHC:21137 Court No. - 32 Case :- WRIT - C No. - 5113 of 2019 Petitioner :- Ramashray Prasad Respondent :- Deen Dayal Upadhyay University And 7 Others Counsel for Petitioner :- Prem Chand Srivastava,Shri G K Singh(Senior Advocate) Counsel for Respondent :- Ajeet Kumar Singh,C.S.C.,Kailash Singh Kushwaha,Lallan Verma,Nitin Chandra Mishra,Rahul Jain,Ramesh Chandra Dwivedi,Rohit Pandey,Sanjai Kumar Singh,Sanjeev Singh Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-functionary and learned counsel for the respondents. 2. This Court on 18.02.2019 passed the following order:- "The petitioner has assailed the order dated 28.06.2018 passed by the Executive Committee of the respondent University and other orders dated 07.10.2018 passed by the Executive Council of the University which came to be an issue to the order of the Registrar, Deen Dayal Upadhyay University, Gorakhpur dated 01.02.2019. The sum and substance of the aforesaid orders is that the M.A. Degree awarded to the petitioner in the year 2000 by the respondent University has been invalided. Sri G. K. Singh, learned Senior Counsel assisted by Sri Prem Chand Srivastava, learned counsel for the petitioner submits that the petitioner had disclosed all the relevant facts and submitted his testimonials and documents to obtain admission in M.A. course. The University authorities granted him admission on the foot of the aforesaid documents and testimonials. The University authorities are estopped from invalidating his degree after the period of more than 18 years. He relies on a judgement rendered by this Court in the case of Sanatan Gauda, vs. Berhampur Unviersity and Other, reported at 1990 (3) SCC 23. Sri K. S. Kushwaha, learned counsel in opposition submits that the degree of the petitioner is not valid since it was granted in the teeth of the UGC Regulation. Sri Rahul Jain, learned counsel adopted the argument of Sri K. S. Kushwaha, learned counsel for the respondents. Since the hearing is continuing, the orders dated 28.06.2018 passed by the Executive Committee of the respondent University, order dated 07.10.2018 passed by the Executive Council of the University and the order of the Registrar, Deen Dayal Upadhyay University, Gorakhpur dated 01.02.2019 shall not be given effect to. Sri K. S. Kushwaha, learned counsel for the respondent shall file counter affidavit within a period of one week. Sri Shashi Prakash Rai, learned counsel for the respondent University shall file counter affidavit within a period of ten days. Put up this case on 05.03.2019 in the list of fresh cases." 3. This Court while granting the interim order has placed reliance upon the judgement of the Apex Court in the case of Sanatan Gauda, vs. Berhampur Unviersity and Other, reported at 1990 (3) SCC 23. 4. It is not in dispute that the petitioner while applying the M.A. course did not conceal any fact and the petitioner was granted admission in the M.A. course. The petitioner obtained the degree of M.A. course in the year 2000 and after about 18 years, an objection has been raised that the petitioner did not do the bridge course and therefore he was not eligible for admission in M.A. course. An objection with regard to the ineligibility of the petitioner was not raised when he was doing his M.A. course. There is no allegation in the counter affidavit that the petitioner has not disclosed the correct facts and the degree of M.A. course has been obtained by concealing material facts. Therefore, the controversy in hand is squarely covered by the judgement of the Apex Court in the case of Sanatan Gauda (supra). Consequently, the impugned order cannot be sustained in law and is accordingly set aside. 5. For the reasons given above, the writ petition is allowed. Order Date :- 13.2.2025 SS Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad