Page No.# 1/6 GAHC040008382024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/513/2023 Smti Liyir Sora Ori and 6 Ors. Age: 6 Occupation : Address:wife of Dagni Ori resident of Igo Yami village P.O/P.S Aalo West Siang district Arunachal Pradesh. Phone No. 8974322953 2: Smti. Minyir Taggu Eter Age: 36 Occupation : Address:wife of Geli Eter resident of Bene village P.O./P.S.- Aalo West Siang district Arunachal Pradesh. 3: Smti. Gekir Ete Age: 34 Occupation : Address:resident of Sipu-Puyi Aalo P.O./P.S.- Aalo West Siang district Arunachal Pradesh. 4: Smti. Menpak Potom Ori Age: 32 Occupation : Address:wife of Moli Eshi Ori Page No.# 2/6 resident of Libu Bane Kamba P.O./P.S.- Kamba West Siang district Arunachal Pradesh. 5: Smti. Onam Borang Kamgo Age: 34 Occupation : Address:wife of Jumdo Kamgo resident of Upper Colony Aalo P.O./P.S.- Aalo West Siang district Arunachal Pradesh. 6: Smti. Karken Eter Age: 43 Occupation : Address:wife of Marnya Ete resident of Sipu- Puyit Aalo P.O./P.S.- Aalo West Siang district Arunachal Pradesh. 7: Smti. Bompi Bagra Ete Age: 36 Occupation : Address:wife of Damin Ete resident of Darka village P.O./P.S.- Aalo West Siang district Arunachal Pradesh. VERSUS The State of AP and 4 Others Age: 0 Occupation : Address:represented by the Commissioner (Education Government of Arunachal Pradesh Itanagar. 2:The Commissioner Age: 0 Occupation : Address:(Education) Government of Arunachal Pradesh Itanagar. Page No.# 3/6 3:The Director of Elementary Education Age: 0 Occupation : Address:Government of Arunachal Pradesh Itanagar. 4:The Deputy Commissioner Age: 0 Occupation : Address:West Siang District Government of Arunachal Pradesh Aalo. 5:Director of School Education Age: 0 Occupation : Address:West Siang district Government of Arunachal Pradesh Aalo. ------------ Advocate for : Dicky Panging Advocate for : GA (AP) appearing for The State of AP and 4 Others: Advocate , BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 18.12.2025 Heard Mr. Dicky Panging, learned counsel for the petitioners. Also heard Mr. Taba Tagum, learned standing counsel, Education Department, appearing on behalf of respondent Nos. 1, 2, 3 & 5; and Ms. Pura Sangeeta, learned Government Advocate, appearing on behalf of respondent No. 4. 2. By filing the present writ petition under Article 226 of the Constitution of India, the petitioners, altogether 7(seven) in nos., have challenged the order, dated 18.08.2023, issued by the Commissioner (Education), Government of Arunachal Pradesh, Itanagar/respondent No. 2; and the order, dated 06.09.2023, issued by the Deputy Director of School Education(DDSE), West Siang District, Aalo/respondent No. 5, by which the regularization orders of the petitioners has been cancelled with immediate effect. Page No.# 4/6 3. The petitioners’ case is that they were appointed as Contingent Peon(Unskilled) in the Office of the Deputy Director of School Education (DDSE), West Siang District, Aalo, vide orders, dated 30.07.2009; 16.06.2008; 07.08.2009; 11.08.2009; 19.09.2009; 06.04.2010; and 07.06.2012; respectively, and continued in their services, as such, till their regularization. 4. It is contended that having fulfilled requisite educational qualification for being appointed as Multi Tasking Staff(MTS) in terms of the relevant Rules; the services of the petitioners were regularized against clear vacanct posts on various dates on the recommendation of the Board under the Chairmanship of the Deputy Director of School Education (DDSE), West Siang District, Aalo, and on the approval of the Director of Elementary Education, Government of Arunachal Pradesh, Itanagar/ respondent No. 3. 5. However, vide order, dated 18.08.2023, issued by the Commissioner(Education), Government of Arunachal Pradesh, Itanagar/ respondent No. 2, under Memo. No. EED-16015/3/2023/253, the regularization of the services of the petitioners has been cancelled and pursuant to the said order, dated 18.08.2023; the Deputy Director of School Education(DDSE), West Siang District, Aalo/respondent No. 5, vide order, dated 06.09.2023, issued under Memo. No. WS/EDN/ESTT-6288/ APT/2021, has cancelled the regularization orders of the petitioners, herein. 6. Being highly aggrieved, the petitioners have approached this Court by way of filing this writ petition, praying for setting aside and quashing of the above- noted impugned orders, dated 18.08.2023, and 06.09.2023, respectively. 7. However, Mr. Panging, learned counsel for the petitioners, submits that he Page No.# 5/6 has a limited prayer, at this stage, to the extent that without delving into the merits of the case; the matter may be disposed of by remanding it back to the respondent authorities for verification and re-consideration of the services of the petitioners as is stated to have been done in the case of other similarly situated persons. 8. In this regard, Mr. Panging, learned counsel for the petitioners, submits that in the case of the similarly situated persons; their termination from service was re-considered and they were directed to be reinstated. 9. The relevant portion of the order, is reproduced hereinbelow for ready reference: “WHEREAS, after thorough verification of all the records, it is found that the appointment of these MTS were made on the basis of Departmental Promotion Committee (DPC) conducted at district level. However, approval from the competent authority was not taken which is a procedural lapse. NOW THEREFORE, considering the genuineness of the cases and the recommendation of verification committee for illegal appointment, the authority has decided to revoke the termination order of the following Multi-Tasking Staff (MTS) and reinstate their service.” 10. Mr. Tagum, learned standing counsel, Education Department, fairly submits that in the same line as in the case of the other similarly situated persons; the cases of the petitioners, herein, may also be remanded back to the respondent authorities, more particularly, to the respondent No. 2 i.e. Commissioner(Education), Government of Arunachal Pradesh, Itanagar, for consideration on similar line and pass necessary order upon verification. 11. Mr. Tagum, learned standing counsel, Education Department, further submits that he is aware of the cases of the other similarly situated persons Page No.# 6/6 wherein, the Department, upon verification, has passed necessary order and hence, without delving into the merits of the case; the prayer of the petitioners as made in this writ petition, can be allowed and disposed of the writ petition with a direction to the respondent authorities to consider the cases of the petitioners on similar line and if upon verification, their cases are found to be meritorious and genuine on the line of the other similarly situated persons, as indicated above; they shall be entitled to the benefits as extended to those similarly situated persons, as per law. 12. In view of the submissions as made above by the learned counsel appearing for the parties and as agreed upon to by them; this writ petition is hereby disposed of with a direction to the respondent authorities, more particularly, the Commissioner(Education), Government of Arunachal Pradesh, Itanagar, i.e. respondent No. 2, to consider the cases of the petitioners, herein, and conduct the necessary verification regarding the nature of their appointment and based on the outcome of such a process; pass necessary speaking order as per law and also take into consideration the aspect of parity with the other similarly situated persons. 13. Such exercise shall be undertaken and completed by the respondent authorities within a period of 45(forty five) days from the date of receipt of a certified copy of this order. 14. With the above directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant