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2025 DAILYLAW 23770 (GAU)

Gini Doke v. The State of AP and Anr

WP(C)/34/2024 · 2025-11-19

Susmita Phukan Khaund

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/12 GAHC040011232023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/399/2023 Tao Ania D/o Shri Tao Taba, A Permanent Resident of Village Chullyu, PO/PS Yazali, District Lower Subansiri, Arunachal Pradesh, Yazali 791119, Mobile No. 774065702 VERSUS THE STATE OF AP and Anr. Represented by the Commissioner, Department of Education, Govt. of Arunachal Pradesh, Itanagar. 2:the Director Age: 0 Occupation : Department of Elementary Education Govt. of Arunachal Pradesh Itanagar Advocate for the Petitioner : T T Tara, Y Mugli,Riya Sarkar,Kirmani Lollen,Terji Kamchi,Taba Tokur,Khoda Apa,Gamken Bam Advocate for the Respondent : Tagum Jamoh, Taba Tagum,SC (Education) Linked Case : IA(C)/288/2025 Mrs Kamen Dabi @ Kamen Dabi Age: 35 Occupation : Address:Wife of Tao Teti a resident of Peni Village PO and PS Yazali Page No.# 2/12 Keyi Panyor District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Commissioner Department of Education Govt of Arunachal Pradesh. 2:The Director Age: 0 Occupation : Address:Department of Elementary Education Govt of Arunachal Pradesh Itanagar ------------ Advocate for : Kirmani Lollen Advocate for : Taba Tagum appearing for The State of AP and Anr: Advocate , appearing for 2, respectively. Linked Case : WP(C)/401/2023 Godak Johny Age: 32 Occupation : Address:D/o Godak Rajen A Resident of Rayo Village Near Iron Bridge Nirjuli PO/PS Nirjuli Papum Pare Arunachal Pradesh Raga 791109.Mobile No. 9863660451 VERSUS THE STATE OF AP and Anr. Age: 0 Occupation : Address:Represented by the Commissioner/Secretary Department of Education Govt.of Arunachal Pradesh Itanagar. 2:the Director Page No.# 3/12 Age: 0 Occupation : Address:Department of Elementary Education Govt. of Arunachal Pradesh Itanagar ------------ Advocate for : T T Tara Advocate for : Tagum Jamoh appearing for THE STATE OF AP and Anr.: Advocate , appearing for 2, respectively. Linked Case : WP(C)/34/2024 Gini Doke Age: 34 Occupation : Address:D/o Bomgi Doke resident of Vilalge Ragi Doke PO Tirbin Tirbin Circle West Siang District AP VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Commissioner / Secretary Department of Education Govt of AP Itanagar 2:The Director Age: 0 Occupation : Address:Department of Elementary Education Govt of AP Itanagar ------------ Advocate for : T T Tara Advocate for : Taba Tagum appearing for The State of AP and Anr: Advocate , appearing for 2, respectively. Linked Case : WP(C)/398/2023 Page No.# 4/12 Chukhu Taja Age: 36 Occupation : Address:S/o Chukhu Tara A Permanent Resident of New Pitapool Village PO/PS Yazali Lower Subansiri District Arunachal Pradesh. Yazali 791119 Mobile no. 813284873 VERSUS THE STATE OF AP and Anr. Age: 0 Occupation : Address:Represented by the Commissioner/Secretary Department of Education Govt. of Arunachal Pradesh Itanagar. 2:the Director Age: 0 Occupation : Address:Department of Elementary Education Govt. of Arunachal Pradesh Itanagar. ------------ Advocate for : T T Tara Advocate for : Tagum Jamoh appearing for THE STATE OF AP and Anr.: Advocate , appearing for 2, respectively. Linked Case : WP(C)/35/2024 Kamen Dabi @ Kamen Dabi Tao Age: 35 Occupation : Address: VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Commissioner / Secretary Department of Education Govt of AP Page No.# 5/12 Itanagar 2:The Director Age: 0 Occupation : Address:Department of Elementary Education Govt of AP Itanagar ------------ Advocate for : T T Tara Advocate for : Taba Tagum appearing for The State of AP and Anr: Advocate , appearing for 2, respectively. Linked Case : WP(C)/33/2024 Bengia Beti Age: 32 Occupation : Address:D/o Shri Bengia Sagung a permanent resident of Manghe village PO Koloriang Kurung Kumey District AP VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Commissioner / Secretary Department of Education Govt of AP Itanagar 2:The Director Age: 0 Occupation : Address:Department of Elementary Education Govt of AP Itanagar ------------ Advocate for : T T Tara Advocate for : Taba Tagum appearing for The State of AP and Anr: Advocate , appearing for 2, respectively. Linked Case : WP(C)/400/2023 Page No.# 6/12 Tao Chada Age: 36 Occupation : Address:S/o Tao Taba Permanent Resident of Chullyu Village PO/PS Yazali Lower Subansir District Arunachal Pradesh Yazali 791119. Mobile No. 8132804873 VERSUS THE STATE OF AP and Anr. Age: 0 Occupation : Address:Represented by the Commissioner/Secretary Department of Education Govt. of Arunachal Pradesh Itanagar. 2:the Director Age: 0 Occupation : Address:Department of Elementary Education Govt. of Arunachal Pradesh Itanagar. ------------ Advocate for : T T Tara Advocate for : Tagum Jamoh appearing for THE STATE OF AP and Anr.: Advocate , appearing for 2, respectively. Linked Case : IA(C)/286/2025 Ms Bengia Beti Age: 32 Occupation : Address:Daughter of Shri Bengia Sagung a permanent resident of Manghe village PO Koloriang Kurung Kumey District Arunachal Pradesh. VERSUS The State of AP and Anr Page No.# 7/12 Age: 0 Occupation : Address:represented by the Commissioner Department of Education Govt of Arunachal Pradesh. 2:The Director Age: 0 Occupation : Address:Department of Elementary Education Govt of Arunachal Pradesh Itanagar ------------ Advocate for : Kirmani Lollen Advocate for : Taba Tagum appearing for The State of AP and Anr: Advocate , appearing for 2, respectively. Linked Case : IA(C)/287/2025 Smti Gini Doke Age: 34 Occupation : Address:Daughter of Bomgi Doke resident of Village Ragi Doke PO Tirbin Tirbin Circle West Siang District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the Commissioner Department of Education Govt of Arunachal Pradesh. 2:The Director Age: 0 Occupation : Address:Department of Elementary Education Govt of Arunachal Pradesh Itanagar ------------ Advocate for : Kirmani Lollen Advocate for : Taba Tagum appearing for The State of AP and Anr: Advocate , appearing for 2, respectively. Page No.# 8/12 Linked Case : WP(C)/415/2024 Smti Godak Johny and 3 Ors Age: 33 Occupation : Address:Daughter of Godak Rajen resident of Rayo Village Near Iron Bridge Nirjuli PO and PS Nirjuli Papumpare District Arunachal Pradesh 2: Tao Chada Age: 37 Occupation : Address:Son of Tao Taba resident of Chullyu village PO and PS Yazali Lower Subansiri District Arunachal Pradesh 3: Chuku Taja Age: 36 Occupation : Address:Son of Chuku Tara resident of New Pitapool village PO and PS Yazali Keyi Panor District Arunachal Pradesh 4: Miss Tao Ania Age: 33 Occupation : Address:Daughter of Tao Taba resident of Chullyu Village Po and PS Yazali Keyi Panyor District Arunachal Pradesh VERSUS The State of AP and 3 Ors Age: 0 Occupation : Address:represented by the Commissioner (Education) Govt of Arunachal Pradesh Itanagar. Page No.# 9/12 2:The Secretary Education cum State Project Director (ISSE) Age: 0 Occupation : Address:Govt of Arunachal Pradesh Itanagar. 3:The Director of Elementary Education Age: 0 Occupation : Address:Govt of Arunachal Pradesh Itanagar. 4:The Deputy Director of School Education Age: 0 Occupation : Address:District Lower Subansiri Arunachal Pradesh. ------------ Advocate for : Rage koyu Advocate for : Taba Tagum appearing for The State of AP and 3 Ors: Advocate , , appearing for 2, 3, 4, respectively. BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20.11.2025 Heard Mr. G. Bam, learned counsel for the petitioners/applicants, and Mr. T. Tagum, learned Standing Counsel for the Education Department. 2. The I.A.(C)286(AP)2025 has been filed by Ms. Bengia Beti, who has earlier filed WP(C)33(AP)2024. The I.A.(C) 287(AP)2025 has been filed by Smti. Gini Doke, who has filed WP(C)34(AP)2024 and the I.A.(C)288(AP)2025 has been filed by Mrs. Kamen Dabi @ Kamen Dabi Tao, who has earlier filed WP(C) 35(AP)2024. 3. The WP(C)398(AP)2023 has been filed by Shri Chukhu Taja; WP(C)399(AP)2023 has been filed by Ms. Tao Ania; WP(C)400(AP)2023 has Page No.# 10/12 been filed by Shri Tao Chada; WP(C) 401(AP)2023 has been filed by Shri Godak Johny; and WP(C) 415(A)2024 has again been jointly filed by Shri Godak Johny, Shri Tao Chada, Shri Chukhu Taja, and Ms. Tao Ania. 4. All the aforesaid matters involve similar facts and issues and, therefore, are disposed of by this common order. 5. The gist of the aforementioned writ petitions and Interlocutory applications is that all the petitioners were appointed on a contractual basis under the Sarva Shiksha Abhiyan (SSA) [now Integrated Scheme for School Education (ISSE)] on different dates, and their services were extended from time to time. They were regularized on 02.11.2020. On various dates, the petitioners submitted representations seeking regularization, and vide order dated 02.11.2020, pursuant to their representations, they were regularized on the recommendation of the Departmental Promotion Committee (DPC) held on 28.09.2020, as Primary Teachers as well as Trained Graduate Teachers, and they were serving in their respective places of posting. Unfortunately, after two years of their probation period, their services were dismissed vide order dated 16.11.2023. 6. Per contra, the learned Standing Counsel for the Education Department has submitted that the writ petitions have been filed against the termination orders of all the petitioners dated 16.11.2023, but the termination orders are not illegal. Thereafter, all the petitioners filed the aforementioned interlocutory applications, and it is submitted therein that the petitioners may be allowed to remain in service as contractual teachers. 7. I have considered the submissions at the Bar with circumspection. Page No.# 11/12 8. It is admitted that as per the new Integrated Scheme for School Education, there is no scope of regularization as the petitioners were not regularized in accordance with law, and therefore, their regularization has been cancelled by the authority. Now, through their interlocutory applications, all the petitioners have prayed to remain as contractual Trained Graduate Teachers or Primary Teachers or Wardens, as their orders of contractual appointment are still in existence. 9. I have also considered the submission that in a similar circumstance, a petitioner, who was an Assistant Teacher had filed a writ petition being WP(C) 622(AP)2023 before this Court, and a co-ordinate Bench of this Court had directed the reinstatement of the petitioner as Assistant Teacher on contractual basis. 10. I have also considered the plight of the present petitioners. They have been serving continuously since 2009, and on later dates, since they were appointed. 11. I have also considered the submission that this is a similar case. 12. In view of the above discussions, it is apparent that equity would prevail if the authorities are directed to reinstate the petitioners in their respective posts on contractual basis. Accordingly, the ISSE/SSA authorities are hereby directed to consider the cases of the petitioners for reinstatement under the prevailing Integrated Scheme for School Education (ISSE/SSA). The authorities shall comply with this order and consider the cases of the petitioners within a period of 2 (two) months from the date of receipt of a certified copy of this order. Their further continuation in service shall be governed by the policy of the ISSE/SSA Page No.# 12/12 authorities. 13. From the date of their reinstatement, the petitioners shall be deemed to have been in continuous contractual service under the ISSE (earlier SSA) for the purpose of maintaining continuity since the time of their initial appointments. The petitioners’ future service prospects shall be governed in accordance with law. 14. In terms of the above observations, the writ petitions as well as the interlocutory applications stand disposed of. JUDGE Comparing Assistant