Patna High Court
Kumar ShanuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the AICTE‑recognized diploma fulfills the eligibility requirements and directed the authorities to pass joining orders within four weeks.
Summary
The petitioners, Kumar Shanu and Neeraj Kumar, were provisionally appointed as Computer Teachers for Classes XI and XII under Advertisement No. 26/2023, but their final joining was withheld due to an objection concerning their three‑year diploma in Computer Science from a government polytechnic. They contended that the diploma, being recognized by the AICTE, satisfies the eligibility criteria stipulated in the advertisement, relying on the earlier decision of this Court in Niranjan Kumar v. State of Bihar (C.W.J.C. No.874 of 2024). The State argued that the matter had already been settled and that the diploma was from a recognized institute. The Court examined the earlier precedent and the AICTE recognition, concluding that the diploma meets the required qualifications. Accordingly, the Court directed the respective District Education Officers to issue joining orders within four weeks, and disposed of the writ petition.
Issues considered
- Whether a three‑year Diploma in Computer Science and Engineering from a government polytechnic recognized by the AICTE satisfies the eligibility criteria for appointment as a Computer Teacher for Classes XI and XII.
- Whether the respondents are obligated to issue joining orders to the petitioners under a writ of mandamus.
Legislation cited
Subjects
- appointment
- eligibility
- computer teacher
- diploma
- mandamus
- AICTE
- public service commission
- education
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4380 of 2026
======================================================
1. Kumar Shanu Son of Upendra Sharma, (TRE-1, Roll No. 877808),
Permanent Resident of - Village - Paijuna, Post-Paharpur, P.S. - Akbarpur,
District - Nawada, Pin - 805126.
2. Neeraj Kumar, Son of Harishchandra Sahani, (TRE-1, Roll No. 896389)
Resident of village Kanti Kothiya, P.O. - Kanti, District - Muzaffarpur, Pin-
843109.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, New Secretariat, (Vikas Bhawan, Bailey Road)
District- Patna.
2. The Director (Secondary Education), Department of Education, Govt. of
Bihar, Vikas Bhawan, Bailey Road, Patna.
3. The District Education Officer, District - Nawada.
4. The District Program Officer (Establishment), District-Nawada.
5. The District Education Officer, District - East Champaran.
6. The District Program Officer (Establishment), District - East Champaran.
7. The Bihar Public Service Commission, Patna, through its Chairman, Bailey
Road, Patna.
8. The Chairman Bihar Public Service Commission, Patna.
9. The Joint Secretary cum Examination Controller, Bihar Public Service
Commission, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avanindra Kumar Jha, Advocate
Mr. Bishwash Vijets, Advocate
Mr. Ram Naresh Jha, Advocate
For the Respondent/s : Mr. Standing Counsel (22)
Mr. Ravi Ranjan, AC to SC-22
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 30-03-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
Patna High Court CWJC No.4380 of 2026(2) dt.30-03-2026
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2. The writ petition has been filed for the following
reliefs :-
(i) For issuance of appropriate orders,
direction or writ in the nature of Mandamus for
commanding / directing the respondents concerned
to complete the leftover formalities of process of
final joining of the Petitioners, on the post of
Computer Teachers, for Class 11 & 12, (Initiated
vide Advertisement No. 26/2023, for appointment
of teachers in the govt. schools) and allow them to
join on the post of Computer Teachers, for Class 11
& 12, in their allotted /respective schools,
mentioned in School Allotment Letters.
(ii) For grant of any other relief or relief's to
which the Petitioners may be found entitled to, in
the facts and circumstances of this case.
3. Learned counsel for the petitioners, by referring to
Annexure-P/9, submits that provisionally the appointment
letters were issued but for an objection raised with regard to
diploma degree, the necessary orders for joining has not been
passed, while it is the case of these petitioners that the issues are
identical to the case which has been decided by the Co-ordinate
Bench of this Court in the case of Niranjan Kumar and Others
v. The State of Bihar and Others passed in C.W.J.C. No.874 of
2024, wherein, the successful candidates were not being allowed
to join the posts of computer teachers on the ground that 3 Years
Diploma in Computer Science and Engineering from
Government Polytechnics, being run by the Science and
Patna High Court CWJC No.4380 of 2026(2) dt.30-03-2026
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Technology Department, Government of Bihar, were not in
consonance with the eligibility criteria in the subject of
Computer Science for Class 11 and 12, which issue has already
been put at rest by this Court in the said case, as would be
apparent from the order dated 14.10.2025 and 04.11.2025, the
relevant portions are being extracted hereunder :-
Relevant portion of order dt. 14.10.2025
9. Having bestowed the consideration to the
submissions advanced by the learned Advocates for
the respective parties and taking note of the
materials available on record, this Court comes to
the opinion that the very ground for non-suiting the
petitioners for appointment to the post of Computer
Teachers that the qualification of Diploma
possessed by the petitioners are not awarded by the
institution recognized by the Government of
India/University, is found to be unsustainable in
view of annexure-13 series to the supplementary
affidavit, whereby the petitioners have placed on
record the necessary letters/documents, suggesting
that the institute through which the petitioners have
obtained the degree of Diploma are duly
recognized by the AICTE. It is also not in question
that the technical education/courses run in the
various Universities across the India is duly
regulated and approved by the AICTE which is the
competent body duly empowered to do so under the
AICTE Act, 1987.
10. It is also not in dispute that the
petitioners have passed three years of Diploma
course in Computer Science and Engineering from
Government Polytechnics, duly run by the Science
and Technology Department, Government of Bihar.
Hence, in case of non-consideration of the
Patna High Court CWJC No.4380 of 2026(2) dt.30-03-2026
4/5
Diploma degrees issued by the aforenoted
Government institution would amount to a fraud
upon the students of those Government institutions,
once Advertisement clearly postulates the
eligibility criteria, inter alia, that a candidate
having possession of Post Graduate Diploma in
Computer Science from any recognized University
shall be eligible to apply for the post of Secondary
School Teacher for Class-XI and XII in Computer
Science.
Relevant portion of modification order dt.
04.11.2025
3. It is submitted that in para-10 of the order
dated 14.10.2025, it has been mentioned that
Advertisement clearly postulates the eligibility
criteria, inter alia, that a candidate having
possession of Post Graduate Diploma in Computer
Science; however, in terms with the advertisement,
a candidate who is also having possession of only
Diploma in Computer Science from any recognized
University, shall also be eligible to apply for the
post in question.
4. On the other hand, learned counsel for the State
submits that since the issues have been already put at rest, and
the petitioners certificates of diploma degrees are obtained from
a Government recognized institute, then the appropriate orders
can be passed by the authorities strictly in consonance with the
directives issued by this Court in Niranjan Kumar and Others
(supra).
5. Considering the submissions of the parties, this
Court finds it appropriate to direct the respective District
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Education Officers, who have been made the appointing
authority, are required to address the issue in consonance with
the parameters in the case of Niranjan Kumar and Others
(supra) and if on consideration of the representation, so filed by
the petitioners, the claim of the petitioners are found to be
genuine, then appropriate orders for joining shall be passed
within a period of four weeks, considering the fact that
provisionally these petitioners were issued appointment letter in
their favour.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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