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Patna High Court

Manisha KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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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