Patna High Court
Manisha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
A three‑year Diploma in Computer Science from a government polytechnic recognised by AICTE satisfies the eligibility requirements for the Computer Teacher post, and the appointing authority must issue the appointment order.
Summary
Manisha Kumari, selected for the post of Computer Teacher under Advertisement No.26/2023, was issued a provisional appointment letter but was barred from joining due to an objection concerning her three‑year diploma in Computer Science from a government polytechnic. She filed a writ petition seeking appointment, direction to decide her pending appeal, quashing of the objection order dated 13‑04‑2024, and related reliefs. The Court referred to the earlier decision in Niranjan Kumar et al. v. State of Bihar (C.W.J.C. No.874 of 2024) which held that AICTE‑recognised diplomas satisfy the eligibility criteria even if the advertisement mentions a post‑graduate diploma. Relying on that precedent, the Court directed the District Education Officer, Katihar, to confirm the petitioner’s eligibility and issue the final appointment order within four weeks. Consequently, the writ petition was disposed in favour of the petitioner.
Issues considered
- Whether a three‑year Diploma in Computer Science from a government polytechnic recognised by AICTE fulfills the eligibility criteria for the post of Computer Teacher as per Advertisement No.26/2023.
- Whether the objection order dated 13‑04‑2024 should be quashed and the petitioner be directed to join the post with all consequential benefits.
- Whether the appointing authority must decide the petitioner’s pending appeal within a stipulated time.
Subjects
- Computer Teacher appointment
- Eligibility criteria
- Diploma qualification
- AICTE recognition
- Writ petition
- Bihar education recruitment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5218 of 2026
======================================================
Manisha Kumari Daughter of Sri Upendra Yadav Wife of Sri Subodh Kumar,
Resident of village and P.O.- Bhagwanpur Desua Ward No. -4, Via- Jitwarpur
District Samastipur selected and joining Post- Computer Teacher,
Advertisement No. 26/2023 Roll No. 900258, Allotted District- Katihar,
Allotted School - High School, Sujapur Barari ID Code- BPKAT
22318368049.
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Department of
Education, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna 800015.
2. The Director (Secondary Education Department of Education, Govt. of
Bihar, Vikas Bhawan, Bailey Road, Patna- 800015.
3. The Chairman, BPSC Bailey Road, Patna 8000015.
4. The Appellate Authority-cum-Regional Deputy Director (Education), Purnea
Commissionary, Purnea - 854301.
5. The District Education Officer, Katihar- 854105.
6. The District Programme Officer (Establishment) District - Katihar- 854105.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahesh Prasad
For the Respondent/s : AC to Addl. Advocate General (05)
Mr. Sanjay Pandey
Mr. Nishant Kumar Jha
Mr. Prabhakar Pahepuri
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(i) For directing the respondents to appoint the
petitioner on the post of compute Teacher pursuant
to Advertisement No.26 of 2023.
(ii) For directing the respondent no.4 (RDD) to
decide the petitioner’s appeal dated 30.04.2024
Patna High Court CWJC No.5218 of 2026(2) dt.15-04-2026
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within a time bound period.
(iii) To quash the order/ action dated 13.04.2024.
(iv) To direct the respondents to allow the
petitioner to join the post with all consequential
benefits.
(v) To direct the respondents to keep one post of
compute teacher vacant or subject to the result of
the writ application.
(vi) For any other order or direction which may be
deemed fit and proper in the interest of justice.
3. Learned counsel for the petitioner, by referring to
Annexure-P/2, submits that provisionally the appointment letter
was 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 the petitioner 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
vide order dated 14.10.2025, 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 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
Patna High Court CWJC No.5218 of 2026(2) dt.15-04-2026
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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
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
Patna High Court CWJC No.5218 of 2026(2) dt.15-04-2026
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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 petitioner’s certificate of diploma degree is 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 District Education
Officer, Katihar, who has been made the appointing authority, is
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 petitioner, the
Patna High Court CWJC No.5218 of 2026(2) dt.15-04-2026
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claim of the petitioner is found to be genuine, then appropriate
orders for joining shall be passed within a period of four weeks,
considering the fact that provisionally this petitioner was issued
appointment letter in her favour.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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