Patna High Court

Shital KumariversusThe State of Bihar

Decided: 20 April 2026
Disposal: DISMISSED
Bench: ANSHUMAN

Holding

The petitioner’s experience certificates are ineligible as they were not recognized and were issued after the stipulated cut‑off date, and short‑term/guest lecturers cannot be equated with contractual employees.

Summary

Shital Kumari, a Guest Instructor at a Government ITI, filed a writ petition seeking to set aside a letter dated 12 March 2025 that rejected her technical work experience and teaching experience for the post of Trade Instructor (Welder) advertised under Advertisement No. 17/2023. She claimed that her industrial experience (2013‑2016) and teaching experience (certified on 12 July 2024) should be accepted for eligibility. The State and the Bihar Technical Service Commission contended that the advertisement required all experience certificates to be issued before 3 August 2023 and that the industrial certificate was not recognized by the Industrial Department. They also relied on the judgment in Golden Kumar v. State of Bihar, which held that short‑term/guest lecturers cannot be equated with contractual employees. The High Court examined the advertisement clauses and the precedent, concluding that the petitioner’s certificates did not meet the cut‑off date and were ineligible, and that the distinction between guest and contractual employees precluded her claim. Accordingly, the court dismissed the writ petition.

Issues considered

Whether the petitioner’s industrial and teaching experience certificates satisfy the eligibility criteria and cut‑off date stipulated in Advertisement No. 17/2023.
Whether a short‑term/guest lecturer can be treated as a contractual employee for the purpose of weightage in selection.

Subjects

technical experience
guest instructor
eligibility criteria
cut‑off date
contractual employee
short‑term lecturer
Bihar Technical Service Commission
writ petition

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8478 of 2025
======================================================
Shital Kumari Wife of Amit Kumar Bishwas and Daughter of Ashok Singh @
Ashok Kumar, Resident of Village- Bageshwari Sthan, Gulabbagh, P.S-
Purnea Sadar, District- Purnea, presently residing at village- Khairakhan,
Ward No. 10, P.S- Forbesganj, District- Araria.

... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Labour Resources
Department, Niyojan Bhawan, Baily Road, Patna.
2. Director, Directorate of Employment and Training, Labour Resources
Department, Government of Bihar, Niyojan Bhawan, Baily Road, Patna.
3. Bihar Technical Service Commission, through its Chairman, Government of
Bihar, 19-Harding Road, Patna.
4. Secretary-in-charge, Bihar Technical Service Commission, Government of
Bihar, 19-Harding Road, Patna.
5. Deputy Secretary, Bihar Technical Service Commission, Government of
Bihar, 19-Harding Road, Patna.
6. Joint Secretary, Bihar Technical Service Commission, Government of Bihar,
19-Harding Road, Patna.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Kishore Singh, Advocate
For the State : Mr. Saroj Kr. Sharma, AC to AAG-3
For the BTSC : Mr. Nikesh, Advocate
Mr. Praveen Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER

2 20-04-2026 Heard learned counsel for the petitioner, learned

counsel for the State and learned counsel for the Bihar Technical

Service Commission.

2. Learned counsel for the petitioner submits that the

present writ petition has been filed for setting aside letter No.

850 dated 12.03.2025, issued by the Joint Secretary of the Bihar

Technical Service Commission, by which the certificate of the
Patna High Court CWJC No.8478 of 2025(2) dt.20-04-2026
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petitioner relating to technical work experience acquired in the

discharge of her duties as a Guest Instructor since 02.01.2017 at

the Government Industrial Training Institute, Baisi (Purnea), has

not been accepted. Further, the actual work experience of the

petitioner as a welder in the recognized industrial unit, namely

M/S Yadav Engineering Works, from 04.01.2013 to 11.01.2016,

has also not been considered.

3. Counsel further submits that the petitioner is

functioning as a Guest Instructor in the Welder Trade at

Government Industrial Training Institute, Baisi, Purnea, under

the Labour Resources Department of the respondent State.

Counsel further submits that the petitioner was engaged as a

Guest Instructor by the respondent State on 02.01.2017, after

due scrutiny and approval of the required experience in the

Welder Trade, a certificate was issued accordingly.

4. Counsel further submits that Advertisement No.

17/2023 was issued, pursuant to which the petitioner

participated and filled up the form, but it was finally intimated

to her that she had not been selected. This intimation was made

vide letter No. 850 dated 12.03.2025. Counsel further submits

that the said letter has been challenged before this Hon’ble

Court.
Patna High Court CWJC No.8478 of 2025(2) dt.20-04-2026
3/8

5. Counsel further submits that Annexure-5 series are

the documents which have not been considered by the Technical

Service Commission. These include the experience certificate of

the petitioner issued by M/S Yadav Engineering Works for the

period from 04.01.2013 to 11.01.2016, and the letter bearing

reference No. 173 dated 12.07.2024 issued by the Principal of

Government I.T.I., Baisi, Purnea.

6. Counsel further submits that the petitioner

possesses both working experience as well as teaching

experience, but the Commission has rejected both. Therefore, it

is submitted that interference may be made, the impugned letter

be set aside, and the Commission be directed to accept the

petitioner’s appointment.

7. Learned counsel for the Bihar Technical Service

Commission submits that the petitioner has participated in the

advertisement, namely Advertisement No. 17 of 2023, for the

post of Trade Instructor (Welder). Counsel further submits that

experience has been mentioned in the column of eligibility.

Counsel further submits that Clause 8 of the said advertisement

was very specific, according to which a cut-off date was fixed,

and all certificates relating to eligibility, experience, etc. had to

be mentioned in the application form and must have been issued
Patna High Court CWJC No.8478 of 2025(2) dt.20-04-2026
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prior to 03.08.2023.

8. Counsel further submits that the experience

certificate issued by M/S Yadav Engineering Works is not

applicable, as it has not been recognized by the Industrial

Department. Counsel further submits that, so far as teaching

experience is concerned, there are two aspects in the matter.

Firstly, that it has not been issued prior to the cut-off date, i.e.,

03.08.2023, rather, it has been issued on 12.07.2024, and in this

regard, no mention was made in the form.

9. Counsel further submits that the question of

contractual employees and guest employees has been decided by

this Court by the Hon’ble Division Bench in the case of Golden

Kumar and Ors. v. The State of Bihar & Ors., in CWJC No.

15816 of 2023 with other analogous cases, in which it has been

stated in paragraph No. 28 that short-term/guest lecturers cannot

be equated with contractual employees. Therefore, he submits

that on both the grounds mentioned by the petitioner herein, the

writ petition is not maintainable.

10. In light of the submissions made by the parties, it

is necessary to quote the relevant paragraph of the said

advertisement, which is scanned below:
Patna High Court CWJC No.8478 of 2025(2) dt.20-04-2026
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11. Relating to eligibility, the clause is mentioned

above, and the next relevant point is set out in Clause 8, which

reads as under:-

"योगयता से सं बंधधत सभी izek.k-i=

यथा- शै कधणक izek.k-i=, आरकण हे तु धनररत
Patna High Court CWJC No.8478 of 2025(2) dt.20-04-2026
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izek.k-i=, कायारनुभव हे तु धनररत izek.k-i=
वही मानय होरे , धजसका उलले ख उममीदवार ने
अपने मूल ऑनलाईन आवे दन-i= मे धकया है ।

उकत सभी izek.k-i=ksa के धनररत होने की धतधथ
03.08.2023 के पूवर का होना आवशयक है ।"

12. So far as the judgment passed by this Hon’ble

Court in the case of Golden Kumar (supra) is concerned,

paragraphs 27 and 28 of the said judgment read as follows:

“27. Now we come to the method
of selection as prescribed in the
advertisement which as we noticed takes in a
written examination with 50 per cent marks,
20 per cent marks for diploma or
engineering certificate, 30 per cent of CITS
and 25 marks as weightage for contractual
appointment. There is no procedure
prescribed in the Rules of 2013 and hence
the procedure prescribed by the State
Government as per the advertisement, being
only reasonable and also in consonance with
the preferential treatment of CITS as
mandated by the Central government can be
upheld. The procedure does not in any
manner conflict with the Rules of 2013; even
if the Rules of 2018 is found to be
inapplicable at the time of advertisement;
which we have already found is not a valid
Patna High Court CWJC No.8478 of 2025(2) dt.20-04-2026
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contention.
28. Now we come to the weightage
given for contractual employees. We see that
in the Rules of 2018, Notification no. 8025
dated 21.05.2013 of the General
Administration Department permits
weightage to the contract employees; as
evident from paragraph no. 9(E) of Rules of
2018. Independent of the Rules of 2018 also
the notification of the General
Administration Department survives and the
weightage is proper. We are also of the
opinion that the Short Term/Guest Lecturers
cannot be equated with the contractual
employees. But for producing the
advertisement for appointment of Short
Term/Guest Lecturers, there is nothing stated
as to how the selection was conducted. The
selection of contractual employees as was
pointed out by the learned Advocate General
differs considerably from the engagement of
Short Term/Guest Lecturers since they
cannot be found, equal to the contractual
employees. We are of the opinion that the
weightage conceded only to the contractual
employees also is in order.”

13. After going through the relevant provisions of the

advertisement and the findings of the Hon’ble Court in
Patna High Court CWJC No.8478 of 2025(2) dt.20-04-2026
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paragraphs 27 and 28 of the above-mentioned case, this Court is

of the firm view that the petitioner has no case, as the experience

certificate issued by the organization is not recognized by the

Industrial Department, and the certificate produced has been

issued on 12.07.2024, whereas, as per the advertisement, the

cut-off date was fixed as 03.08.2023.

This Court is also of the opinion that, in light of the

decision mentioned above, the issue has already been decided,

and there is a distinction between contractual employees and

guest employees. The engagement of short-term/guest lecturers

cannot be equated with contractual employees. For these

reasons, this Court finds that there is no merit in the present case

and, accordingly, the present writ petition stands dismissed.

(Dr. Anshuman, J.)

Aman Kumar/-

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