Patna High Court
Madhu Kumari,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court held that the petitioner is entitled to be considered for appointment, setting aside the cancellation order and directing the authorities to process her appointment within eight weeks, subject to eligibility.
Summary
Madhu Kumari challenged the cancellation of her appointment as a Class XI‑XII Computer Science teacher by the District Education Officer, Gopalganj, on the ground that she held only a three‑year Diploma in Computer Science and not a graduation or post‑graduation degree. The petitioner relied on earlier Patna High Court judgments (CWJC No.874 of 2024 and CWJC No.4922 of 2024) which had held that such diplomas satisfy the eligibility criteria stated in Advertisement No.26 of 2023. The Court examined the earlier rulings, noted that many candidates with similar diplomas had been appointed, and observed that excluding the petitioner would violate Articles 14 and 16 of the Constitution. Consequently, the Court affirmed the earlier decisions, directing the District Education Officer to consider the petitioner’s claim and, if eligible, to issue her appointment letter within eight weeks. The petition was disposed in accordance with the prior judgments.
Issues considered
- Whether a three‑year Diploma in Computer Science qualifies under the eligibility criteria for appointment as a Secondary School Teacher for Classes XI and XII as per Advertisement No.26 of 2023.
- Whether the cancellation of the petitioner’s appointment on the basis of lacking graduation/post‑graduation qualifications violates Articles 14 and 16 of the Constitution of India.
- Whether the petitioner is entitled to the same relief granted in earlier cases (CWJC No.874 of 2024 and CWJC No.4922 of 2024).
Subjects
- appointment
- eligibility criteria
- computer science diploma
- Articles 14 and 16
- public service
- education department
- high court
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7751 of 2024
======================================================
Madhu Kumari, Wife of- Sri Gaurav Kumar, Resident of Village-
Dhuparchak, P.O.- Alampur Gonpura, P.S.- Janipur, District- Patna-801505
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Vikash Bhawan, Bailey Road, Patna- 800001
2. The Director (Secondary Education), Education Department, Govt. of Bihar,
Vikash Bhawan, Bailey Road, Patna- 800001
3. The District Education Officer, Gopalganj, District- Gopalganj.
4. The District Programm Officer (Establishment), Gopalganj, District-
Gopalganj.
5. The Bihar Public Service Commission through its Secretary, 15, Nehru Path
(Bailey Road), Patna- 800001.
6. The Secretary, Bihar Public Service Commission, 15, Nehru Path (Bailey
Road), Patna-800001.
7. The Joint Secretary-cum-Controller of Examination, Bihar Public Service
Commission, 15, Nehru Path (Bailey Road), Patna-800001
8. The Head Master, Uchacha Madhyamik Vidayalaya, Pratappur, Block-
Manjha, District- Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Prasad Singh, Adv.
Mr. Narayan Singh, Adv.
For the Respondent/s : Ms. Surekha Kumari, AC to GP-18
For the BPSC : Mr. Sanjay Pandey, Adv.
Mr. Nishant Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 19-01-2026 Heard the parties.
2. The petitioner is aggrieved with the letter of the
District Education Officer, Gopalganj contained in Memo No.
1181, dated 4.12.2023, issued under the joint signature of the
District Education Officer, Gopalganj and the District Program
Officer (Establishment), Gopalganj, whereby and whereunder
Patna High Court CWJC No.7751 of 2024(3) dt.19-01-2026
2/5
the appointment of the petitioner as School Teacher for Class-11
and 12 in the subject of Computer Science has been cancelled
on the ground that the petitioner has obtained diploma in
Computer Science and he has not passed graduation and post-
graduation examination.
3. A counter affidavit has also been filed on behalf of
respondent no.4, supporting the order cancelling the
appointment of the petitioner on account of she having no
requisite qualification.
4. Taking this Court through the averments made in
the writ petition, learned Advocate for the petitioner contended
that the case of the petitioner is squarely covered with an order
passed by this Court in CWJC No. 874 of 2024 and its modified
order dated 4.11.2025, besides the order passed in CWJC No.
4922 of 2024, vide order dated 09.12.2025.
5. At this juncture, learned Advocate for the State
submitted that the submission of the petitioner is required to be
verified by the competent authority.
6. Before parting with the present case, it would be
relevant to take note of the relevant extract of the order passed
by this Court in CWJC No. 874 of 2024; especially paragraphs-
10 to 14 and paragraphs-3 and 4 of its modified order dated
4.11.2025, which are as follows:-
Patna High Court CWJC No.7751 of 2024(3) dt.19-01-2026
3/5
“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 shall be
eligible to apply for the post of Secondary School
Teacher for Class-XI and XII in Computer Science.
11. This Court also finds that the candidates,
who have possessed Diploma degrees from
different recognized Universities, including the
students, who have also possessed the qualification
of Diploma along with the petitioners, have also
been found place in the result of the successful
candidates and later on, they were duly appointed
as is evident from annexure-R/B to the counter
affidavit filed on behalf of respondent No.3. Bare
perusal, thereof, it appears that altogether 114
candidates having Diploma degree have been
appointed to the post of Computer Teacher for
Class XI and XII.
12. Non-consideration of the petitioners and
declaring them unsuited despite having possessed
three years Diploma course in Computer Science
Patna High Court CWJC No.7751 of 2024(3) dt.19-01-2026
4/5
and Engineering and duly recognized by the
competent body i.e. AICTE would be certainly in
the teeth of the mandate of Articles 14 and 16 of the
Constitution of India; when the other identically
situated persons having identical qualification, have
been considered and duly appointed in consonance
with the eligibility criteria for the post of Senior
Secondary Teachers in the subject of Computer
Science for Class-XI and XII.
13. In view thereof, this Court finds
substance in the writ petition. Accordingly, the
same stands allowed directing the authorities to
complete the left over formalities in connection
with the captioned Advertisement No.26 of 2023
and issue appointment letters in their favour, in
case the petitioners are otherwise found eligible.
14. The entire exercise must be completed by
the respondents preferably within a period of eight
weeks from the date of receipt/production of a copy
of this order.
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. In view of the submission advanced as
Patna High Court CWJC No.7751 of 2024(3) dt.19-01-2026
5/5
also on perusal of the advertisement, this Court
finds the submission of the petitioner is sustainable.
Accordingly, para-10 of the order dated
14.10.202025 is modified and clarified to the extent
hereinabove.”
7. In view of the aforesaid legal position and
considering the limited grievance of the petitioner to the extent
it is submitted that the case of the petitioner is covered with the
aforesaid decision(s), the present writ petition stands disposed
off in identical terms passed in C.W.J.C. No.874 of 2024 with
further direction to the District Education Officer, Gopalganj to
consider the claim of the petitioner, in accordance with law.
8. In case the claim of the petitioner finds cover with
the aforesaid decision(s), the identical benefits must be extended
to her, preferably within a period of eight weeks from the date of
receipt/production of a copy of this order.
9. Suffice it to observe that in case the petitioner is
non-suited, reasoned and speaking order must be followed.
(Harish Kumar, J)
rohit/-
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