Patna High Court

Priya KumariversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: HARISH KUMAR

Holding

The petitioner’s diploma qualifies under the advertisement, and the refusal to appoint her violates constitutional equality provisions, so the petition is allowed.

Summary

Petitioner Priya Kumari, holding a Diploma in Computer Engineering from AICTE‑approved Kasturba Polytechnic, applied for a teacher post advertised by the Bihar Public Service Commission. She cleared the exam, was placed on the merit list and allotted a district, but was denied an appointment on the ground that her qualification was insufficient. The State argued that the advertisement required a BE/B.Tech or equivalent, not merely a diploma. The Court examined prior decisions (CWJC No. 874/2024 and CWJC No. 4922/2024) where similar diploma holders were appointed, and held that the petitioner’s qualification met the eligibility criteria and that denial violated Articles 14 and 16 of the Constitution. Accordingly, the writ petition was allowed and the respondents were directed to complete the appointment formalities within eight weeks.

Issues considered

Does a Diploma in Computer Engineering from an AICTE‑recognised institute satisfy the eligibility criteria for the post of Computer Teacher as per Advertisement No. 26/2023?
Does the refusal to appoint the petitioner, despite meeting the qualification, violate Articles 14 and 16 of the Constitution?
Is the petitioner entitled to be appointed to the post and for the respondents to issue an appointment letter?

Subjects

teacher recruitment
eligibility criteria
diploma qualification
AICTE recognition
Articles 14 and 16
public service appointment
equal opportunity

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8136 of 2024
======================================================
Priya Kumari D/O Randhir Kumar Resident of Mohalla- Bichali Khandak
Par, P.S. Bihar Sharif, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. That Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Secondary Education Department of Education, Government
of Bihar, Patna.
4. The District Magistrate, Madhubani.
5. The District Education Officer, Madhubani.
6. The District Programme Officer (Establishment), Madhubani.
7. The Bihar Public Service Commission through its Chairman, Bailey Road,
Patna.
8. The Chairman, Bihar Public Service Commission, Bailey Road, Patna.
9. The Joint Secretary-cum-Examination Controller, Bihar Public Service
Commission, Bailey Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Pratik Kumar, AC to GA-11
For the BPSC : Mr. Sanjay Pandey, Adv.
Mr. Nishant Kumar Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 12-01-2026

Heard the parties.

2. Briefly stated, in response to the Advertisement

bearing No. 26/2023, issued by the Bihar Public Service

Commission, Patna for appointment to the post of school

teachers in Primary, Secondary and the Higher Secondary

School, the petitioner having a degree of Diploma in Computer

Engineering from Kasturba Polytechnic for Women, Pitampura,
Patna High Court CWJC No.8136 of 2024 dt.12-01-2026
2/7

Delhi, which is a duly recognized and approved College by All

India Council for Technical Education (hereinafter referred to

as, “AICTE”) and Delhi Technical Education (hereinafter

referred to as, “DTE”), submitted her application.

3. The petitioner was allowed to appear in the

examination, as per the scheduled date and declared successful.

Her name was duly published in the merit list, at Sl. No. 2700. A

provisional list of District allotment was also issued and the

petitioner has been allotted the district of Madhubani.

Subsequently, the petitioner was also allotted Uchh Madhyamik

Vidyalaya Jagwan East, as per school allotment list.

4. After completing all the paraphernalia, as noted

hereinabove, the petitioner was called upon for Document

Verification. The petitioner submitted all the requisite

documents; nonetheless, the allotment letter has been issued. It

has been informed to this Court that since the petitioner does not

have the requisite qualification and, as such, no appointment

letter has been issued in her favour.

5. Mr. Sudhir Kumar, learned Advocate for the

petitioner submitted that several teachers, having Diploma in

Computer Engineering were duly appointed, working and getting

regular salary. Even the candidates, having diploma degree from

the college of the petitioner were appointed and working at
Patna High Court CWJC No.8136 of 2024 dt.12-01-2026
3/7

present against the post advertised in terms with the captioned

advertisement. There is a specific averment in paragraph no. 7

of the writ petition that the Kasturba Polytechnic for Women,

Pitampura, Delhi is a duly recognized and approved college

from DTE, having valid approval by AICTE and this fact has

not been denied even by filing the counter affidavit on behalf of

respondent no. 6. However, in order to disown the claim of the

petitioner, it is submitted that the petitioner does not have the

requisite educational qualification of computer teachers. It is

lastly contended that identical issue has come up for

consideration before this Court in CWJC No. 874 of 2024 and

further in CWJC No. 4922 of 2024, wherein the Court having

considered the terms of the advertisement and fact, that in the

cases where the petitioners have passed Diploma in Computer

Engineering through an institute duly approved and recognized

by the AICTE, which is the competent body, besides other

identically situated persons, having identical qualification, have

been considered and duly appointed, allowed the writ petitions

and directed the concerned respondents to consider their cases.

6. Mr. Pratik Kumar, learned Advocate for the State

refuting the contention has submitted that the educational

certificates of the petitioner especially, Diploma in Computer

Engineering was duly considered by the employment unit and
Patna High Court CWJC No.8136 of 2024 dt.12-01-2026
4/7

on being found the same does not satisfy the requirement, as

stipulated under the advertisement, hence not fit for the

appointment. It is further contended that under the eligibility

criteria, as stipulated in the advertisement, the petitioner must

have posses BE or B.Tech (Computer Science/IT) or equivalent

degree from a recognized University or AICTE recognized

Institute or Diploma from an Institute/University recognized by

the Government of India. Besides other educational

qualification, as mentioned therein, but the petitioner does not

have the requisite educational qualification of Compute teachers

for Class -11 and 12, as per the notification vide Memo No. 956

dated 29.05.2023.

7. Heard the learned Advocate for the respective

parties and anxiously perused the materials available on record.

Before proceeding further, it would be pertinent to take note of

the fact that identical issue has come up for consideration before

this Court in CWJC No. 874 of 2024, where this Court while

allowing the writ petition recorded as follows:

“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
Patna High Court CWJC No.8136 of 2024 dt.12-01-2026
5/7

issued by the aforenoted Government
institution would amount to a fraud upon
the students of those Government
institutions. once Advertisement clearly
postulates the eligibiity 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 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
Patna High Court CWJC No.8136 of 2024 dt.12-01-2026
6/7

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.
15. The writ petition stands
allowed.”

8. The aforenoted order, passed in CWJC No. 874 of

2024 stood modified vide order dated 04.11.2025, the extract of

the relevant paragraph is also noted hereinbelow:-

“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 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.”
Patna High Court CWJC No.8136 of 2024 dt.12-01-2026
7/7

9. Besides the order passed in the aforenoted case,

covering identical issue in similar facts, this Court also cannot

lose sight of the fact that the specific averment of the petitioner,

as stated in paragraph no. 7 of the writ petition has not been

controverted that the petitioner has obtained the degree of

Diploma in Computer Engineering from Kasturba Polytechnic

for Women, Pitampura, Delhi, which is a duly recognized and

approved College by AICTE and DTE.

10. For all the aforesaid reason, the writ petition

stands allowed with identical terms, as has been allowed in

CWJC No. 874 of 2024, with a direction to the concerned

respondent to consider the claim of the petitioner for her

appointment and complete the left over formalities in

connection with the captioned advertisement, preferably within

a period of eight weeks, from the date of receipt/production of a

copy of this order.

11. Accordingly, the writ petition is hereby allowed.

(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.01.2026
Transmission Date NA

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