Page No.# 1/4 GAHC040019182025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/550/2025 Tadam Maling Son of T Maling, resident of Pakpu Maling, Paying Circle, Upper Subansiri District, Arunachal Pradesh. VERSUS The State of AP and 2 Ors represented through Secretary/ Commissioner, Education, Govt of Arunachal Pradesh, Itanagar. 2:The Director of Elementary Education Age: 0 Occupation : Gov of Arunachal Pradesh Itanagar. 3:The Deputy Director of School Education Age: 0 Occupation : Govt of Arunachal Pradesh Upper Subansiri District Daporijo Advocate for the Petitioner : Puto Bui, Tapi Nguki,Sibon Engti,Tsering Lhamu,Tashap Nima Advocate for the Respondent : Taba Tagum, SC (Education) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.11.2025 Heard Mr. P. Bui learned counsel for the petitioner, Tadam Maling who is aggrieved by the transfer order being Order No. ED/25/2025-O/O DEE, Computer No. 274175 dated 13.11.2025, passed by the Office of the Directorate of Elementary Education, Government of Arunachal Pradesh whereby the petitioner was transferred from GUPS Pakpu Maling Paying Circle, Upper Subansiri District to the Office of the Deputy Director of School Education (DDSE for short) Khonsa, Tirap District. 2. It is submitted that the petitioner is highly aggrieved as the petitioner is undergoing treatment for severe ailment and moreover the petitioner has to take care of his old and ailing parents and two school going children who are presently students of Class-IX at Chanakya Academy. This is a crucial period as the petitioner’s children have to continue their education in the same school atleast till completion of their board examinations. 3. It is further submitted that the impugned order was passed and immediately on the following day, the release order was also passed without according an opportunity to the petitioner to submit any representation or to express his grievance relating to transfer to a District which is located afar. 4. It is submitted that the petitioner has already submitted his representation. At present, the petitioner is undergoing treatment and the Annexure-E series of the petition clearly reflects that the petitioner is suffering Page No.# 3/4 from a serious ailment. 5. I have also scrutinised the medical reports. At present, the petitioner is admitted and he is undergoing medical treatment at Tomo Riba Institute of Health & Medical Science, Naharlagun. 6. The petitioner has prayed to suspend the order of transfer and also issue a direction to set aside the order of transfer as well as the release order. 7. Learned Standing Counsel, Education Department, Mr. T. Tagum has raised serious objection stating that the petitioner has already been released from his present post at Pakpu Mailing and at this juncture, there is no scope to stay the order of transfer as the petitioner has already been released. 8. It is further submitted that the pleadings are bereft of any allegations of malafide, on the part of the authority. 9. The transfer order was passed on need basis as the petitioner’s services along with other similarly situated employees were required in certain areas and on this requirement basis, the transfer order was passed. 10. It is further submitted that the representation submitted by the petitioner was not addressed to the Commissioner, Education Department, Government of Arunachal Pradesh who is the authority and under whose order, this transfer order was passed by the Deputy Director of School, Education, Upper Subanshiri District, and the order along with the list was passed by the Deputy Commissioner. 11. I have considered the submissions at the Bar with circumspection. It appears that equity will prevail if the petitioner’s representation is considered by the respondent authorities. Page No.# 4/4 12. Therefore, the respondent authorities are directed to pass an order after considering the representation of the petitioner which has already been submitted. 13. The Director, Elementary Education is to forward the same representation submitted by the petitioner which is marked as Annexure(D), to the Commissioner, Education, Government of Arunachal Pradesh, Itanagar, and this representation may be considered by the Commissioner, Education within a period of 2 months from the date of receipt of the copy of this order, after considering the grounds on which the representation has been submitted. 14. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant