Page No.# 1/8 GAHC040016402025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/465/2025 Tadar Tallum and 18 Ors Son of Shri Tadar Tami, presently residing at 021, Panchayat Colony, near JB Public School, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh. 2: Tagru Tallin Age: Occupation : Son of Shri Tagru Tassar presently residing at Near Sangey Laden Sports Academy PO and POS Chimpu Papum Pare District Arunachal Pradesh. 3: Gumku Maga Age: Occupation : Son of Shri Gumku Epak presently residing at Lekang HQ Namsai PO and PS Mahadevpur Namsai District Arunachal Pradesh. 4: Nabam Kaku Age: Occupation : Son of Late Nabam Ragi presently residing at E-01 Doimukh PO and PS Doimukh Papum Pare District Arunachal Pradesh. 5: Nabam Tapung Age: Page No.# 2/8 Occupation : Son of Shri Nabam Bagang presently residing at Village Tamang PO and PS Doimukh Papum Pare District Arunachal Pradesh. 6: Nabam Atung Age: Occupation : Son of Shri Nabam Changriang presently residing at Bage Tinali PO and PS Nirjuli Papum Pare District Arunachal Pradesh. 7: Tamchi Tassung Age: Occupation : Son of Shri Tamchi Tuglo presently residing at Doordarshan Colony PO and PS Itanagar Papum Pare District Arunachal Pradesh. 8: Tamchi Syam Age: Occupation : Son of Shri Tamchi Tuglo presently residing at Lower Chimpu PO and PS Chimpu Papum Pare District Arunachal Pradesh. 9: Tai Doru Age: Occupation : Son of Late Tai Kioram presently residing at Pachin Colony PO and PS Naharlagun Papum Pare District Arunachal Pradesh. 10: Satam Chanang Age: Occupation : Son of Late Satam Tach presently residing at Batt Village Page No.# 3/8 PO and PS Itanagar Papum Pare District Arunachal Pradesh. 11: Dani Tassang Age: Occupation : Son of Shri Dani Tacho presently residing at Polo Colony PO and PS Naharlagun Papum Pare District Arunachal Pradesh. 12: Peli Bassar Age: Occupation : Son of Late Marpe Bassar presently residing at Gori Village Bassar Town PO and PS Bassar Leparada District Arunachal Pradesh. 13: Ruto Karbi Age: Occupation : Son of Shri Duru Karbi presently residing at Upper Colony PO and PS Aalo West Siang District Arunachal Pradesh. 14: Taring Mompak Age: Occupation : Son of Late Taring Duri presently residing at Chimpu near SLSA PO and PS Chimpu Papum Pare District Arunachal Pradesh. 15: Ramie Tayeng Age: Occupation : Son of Shri Mijing Ogam Tayeng presently residing at ESS Colony Itanagar Page No.# 4/8 PO and PS Itanagar Ppaum Pare District Arunachal Pradesh. 16: Raju Samyor Age: Occupation : presently residing at Tato Mechuka PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 17: Ngorang Karuh Age: Occupation : Son of Shri Ngorang Tai presently residing at Dath Village PO and PS Itanagar Papum Pare District Arunachal Pradesh. 18: Kipa Tugung Age: Occupation : Son of Late Kipa Puwak presently residing at Abotani Colony Karsingsa PO and PS Banderdewa Papum Pare District Arunachal Pradesh. 19: Joram Nagu Age: Occupation : Son of Late Joram Hania presently residing at Joram Village PO and PS Yachuli Keyi Panyor District Arunachal Pradesh VERSUS The State of AP and 3 Ors through the Chief Secretary, Govt of Arunachal Pradesh, Civil Secretariat, Itanagar, Arunachal Pradesh. 2:The Secretary Age: 0 Occupation : Department of Administrative Reforms and Training Page No.# 5/8 Govt of Arunachal Pradesh Civil Secretariat Itanagar Arunachal Pradesh. 3:The Secretary Age: 0 Occupation : Arunachal Pradesh Public Service Commission PSC Building Vidhan Vihar Itanagar Arunachal Pradesh. 4:The Commissioner Age: 0 Occupation : Department of Public Health and Engineering and Water Supply Govt of Arunachal Pradesh Civil Secretariat Itanagar Arunachal Pradesh Advocate for the Petitioner : Duyu Nimey, Mudang Doilyang Advocate for the Respondent : GA (AP), S/C APPSC,Ajin Apang, Sr. Advocate BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 31-03-2026 Heard Shri D. Nimey, learned counsel for the petitioners. Also heard Shri R. H. Nabam, learned Additional Advocate General for the State of Arunachal Pradesh and Ms K. Loya, learned counsel appearing on behalf of Mr. A. Apang, learned Senior/Standing Counsel for the APPSC. 2. Considering the subject matter, the instant writ petition is taken up for disposal at the admission stage. Page No.# 6/8 3. 19(nineteen) numbers of petitioners have joined in this writ petition with the following prayers; “Direct the respondents to ensure the Departmental Promotion Committee (DPC) process for promotion to the post of Assistant Engineer in Department of PHE WS, Government of Arunachal Pradesh, is carried out exclusively in accordance with formally notified Official Gazette publication of the amended Recruitment Rules as per Office Memorandum No.F.No.AR- 27/2020/243 dated 26.08.2020.” 4. As per the facts projected, the petitioners are members of the Public Health Engineering & Water Supply Junior Engineers’ Forum, who has put to challenge the process of convening a Departmental Promotion Committee (DPC) for promotion to the post of Assistant Engineer in the PHE & WS Department. The primary contention of the petitioners is that the DPC process has been initiated before the Rules in question are amended. It is also contended that there is violation of the Office Memorandum dated 26.08.2020. 5. Shri Nimey, learned counsel for the petitioners has submitted that an amendment is proposed in the Recruitment Rules and after such amendment, the petitioners would have a fair chance for their consideration for promotion and therefore, without the amendment having been affected in the recruitment rules, the proposed DPC should not be gone ahead. It is also submitted that as per the Office Memorandum dated 26.08.2020, there is a mandate that no supersession to be done for Page No.# 7/8 granting promotion. In this regard, the relevant provision of the Office Memorandum as found in Clause B (4) is pressed into service, which reads as follows:- “B. 4. The Head of Office Departments shall also ensure that no supersession shall be occurred while granting promotion. The Departmental Promotion Committees (DPCs) shall not consider any proposals which is found to be against the revised policy instructions and return the same to the concerned Department The Proposal for DPC shall be considered only when the relevant Recruitment Rules/Service Rules are amended.” 6. Shri Nabam, learned AAG has, however, submitted that the present process of convening a DPC cannot be directly related to the process of amendment of the Recruitment Rules. He has submitted that the DPC would be conducted as per the existing Recruitment Rules. He has also fairly submitted that if and when the Rules are amended, further DPC would be convened in accordance with the amended provision of law. The aforesaid submission of the learned AAG is endorsed by Ms K. Loya, learned counsel appearing for the APPSC. 7. This Court is of the considered opinion that while it may be a fact that there is a proposal to amend the Recruitment Rules, the same cannot be a basis to hold back the DPC, which is required to fill up the vacant posts. Such filling up is in sync with the interest of public as the posts are required to be filled up in accordance with law, as per the requirement of the department and the Government. 8. This Court is of the opinion that there cannot be a restrain not to hold Page No.# 8/8 the DPC till the Recruitment Rules are amended. 9. This writ petition is accordingly, dismissed. It is however, observed that if and when, the Recruitment Rules are amended, further DPC would be convened in accordance with the amended Rules. JUDGE Comparing Assistant