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Patna High Court
Shatrughn Sahni vs The State Of Bihar on 9 December, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4922 of 2024
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Shatrughn Sahni, Son of Sri Dhurendra Sahni, Resident of Village-
Mishrawali, P.O.- Balua, P.S.- Brahampur, District- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Secondary Education, Education Department, Bihar, Patna.
3. The District Education Officer, Buxar, Bihar.
4. The District Programme Officer (Estt.), Buxar, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Adv.
Mr. Atul Kumar, Adv.
For the Respondent/s : Mr. Additional Advocate General 12
Mr. Asif Kalim, AC to AAG-12
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 09-12-2025
Heard Mr. Rajeev Kumar Singh, learned Advocate
representing the petitioner and Mr. Asif Kalim, learned
Advocate for the State.
2. The petitioner has invoked the prerogative writ
jurisdiction of this Court seeking a direction upon the
respondent Bihar Public Service Commission, Patna to publish
the result of the petitioner as successful candidate under EBC
category against the examination which was conducted for the
post of School Teacher in Computer Science for Higher
Patna High Court CWJC No.4922 of 2024 dt.09-12-2025
Secondary School (for Class 11-12) in pursuant to
Advertisement No. 26/2023 dated 30.05.2023.
3. The facts briefly stated in the writ petition are that
the petitioner having been found eligible duly appeared in the
examination for appointment of the School Teacher conducted
by the Bihar Public Service Commission in connection with
Advertisement No. 26/2023. Out of 57602, 8395 seats were
reserved for Computer Science subject and altogether 955 seats
reserved for EBC category. The petitioner appeared in the
written examination and after proper verification of the
documents, the result was published on 21.10.2023, the name of
the petitioner figured at Serial no. 31 under the EBC category
with the merit serial no. 2366. The petitioner was allowed to
participate in the counseling-cum-orientation programme and
later on, he was sent to District Institute of Educational
Training, Dumraon, Buxar for training. After having
successfully completed the counseling-cum-orientation
programme, provisional appointment letter contained in memo
no. 6308160 dated 02.01.2023 issued by the District Education
Officer, Buxar in favour of the petitioner. A list of school
allotment of newly recruited teachers in connection with the
captioned advertisement was also published and the petitioner
Patna High Court CWJC No.4922 of 2024 dt.09-12-2025
was allotted Ganga Adarsh High School, Dehari, Block Chousa,
Buxar. Notwithstanding the aforesaid facts and all the
formalities having been done, besides the petitioner was called
for the posting letter and accordingly, the petitioner ensured his
appearance before the concerned authorities, but the reason best
known to the authorities concerned, he was informed that as per
educational qualification, he is not eligible for the above said
post of the Skilled Teacher.
4. Mr. Rajeev Kumar Singh, learned Advocate for the
petitioner submitted that admittedly the petitioner has completed
three years Diploma degree in Computer Science in the year
2016 for the Session 2012-15 by the State Board of Technical
Education, Bihar, which is established under the Department of
Science and Technology, Government of Bihar. The captioned
advertisement, specially Clause (F), which deals about the
necessary requisite eligibility of a candidate, clearly stipulates
that a candidate who is having qualification of Diploma from
any recognized institution and university in the Computer
Science, shall be entitled to be considered for appointment.
However, in the case of the petitioner, he has been illegally
deprived from his appointment by the concerned authorities, in a
most illegal and arbitrary manner. It is further contended that
Patna High Court CWJC No.4922 of 2024 dt.09-12-2025
identical matter has come up for consideration before this Court
in C.W.J.C. No. 874 of 2024 wherein the Court after having
considered all the aspect of the matter, finally concluded that
non-consideration of the petitioners and declaring 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 Article 14 and 16 of the Constitution of India.
The Court has also taken note of the fact that 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 11 and 12.
5. Mr. Kalim, learned Advocate for the State referring
to the stand of the authorities led in the counter affidavit has
submitted that after proper scrutiny, it has been found that the
petitioner was ineligible to be recruited as a Computer Science
Teacher as per Clause (F) of the captioned advertisement and
thus, he was not given the final appointment later. Since the
petitioner did not possess the requisite qualification for his
appointment on the post of Computer Science Teacher,
inasmuch as, he did not possess the Computer Science degree at
Patna High Court CWJC No.4922 of 2024 dt.09-12-2025
Bachelors level, rather he is a Diploma Polytechnic holder,
which is equivalent to intermediate level only, hence his claim
has been negated.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the decisions rendered in Niranjan Kumar & Ors. vs. The State
of Bihar & Ors., (C.W.J.C. No. 874 of 2024) this Court finds
that in identical circumstances this Court has held as follows:-
"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
Patna High Court CWJC No.4922 of 2024 dt.09-12-2025
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 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
Patna High Court CWJC No.4922 of 2024 dt.09-12-2025
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."
7. In view of the aforesaid facts without further
adjudicating the matter, since the similar matter has been
disposed off by this Court,the present matter is also disposed off
in identical terms, directing the concerned authorities to
consider the case of the petitioner in the light of the mandate of
this Court in C.W.J.C. No. 874 of 2024 and take an appropriate
decision in accordance with law, preferably within eight weeks'
Patna High Court CWJC No.4922 of 2024 dt.09-12-2025
from the date of receipt/production of a copy of this order.
8. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.12.2025
Transmission Date NA
