Page No.# 1/4 GAHC040009382025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/263/2025 Kanu Degio Son of Late Tabo Degio, Village Yangsey, PO Bana, PS Seppa, Bichom District, Arunachal Pradesh VERSUS The State of AP and 4 Ors represented by the Secretary/ Commissioner (Education) Govt of Arunachal Pradesh, Itanagar 791111 2:The Director Elementary Education Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar 791110 3:The Deputy Director of School Education Age: 0 Occupation : Longding Govt of Arunachal Pradesh. 4:The Deputy Director of School Education Age: 0 Occupation : Seppa Govt of Arunachal Pradesh. 5:The Head Master I/C Age: 0 Occupation : GUPS Sekong Bichom District Page No.# 2/4 Arunachal Pradesh Advocate for the Petitioner : Tabit Tapak, Bebeng Siboh,T Tabing,Aso Dalbong Advocate for the Respondent : Taba Tagum, SC (Education) BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 13-06-2025 Heard Mr. T. Tapak, learned counsel for the petitioner and Mr. T. Tagum, learned Standing Counsel, Education Department, appearing for all the respondents. 2. Challenge made in this writ petition is to the order dated 29.05.2025, passed by the Commissioner (Education), Government of Arunachal Pradesh, whereby, as many as, 17 (Seventeen) Trained Graduate Teachers and Primary Teachers have been transferred to various places including the petitioner. The petitioner is sought to be transferred from GPUS New Sopung, East Kameng District to GPS Kampong, Longding District or where the school is proposed for merger. 3. The petitioner is a Primary Teacher, who has been last posted to GPUS New Sopung, East Kameng District on 18.07.2024. The petitioner claims that he is an Asthmatic patient having difficulty in staying/visiting high altitude and his minor daughter has been admitted at GUPS Sekong in Class-VI for the year 2024-2025. 4. The petitioner has been transferred along with 16 others by the impugned order, dated 29.05.2025, whereby, the petitioner has been transferred from GUPS New Sopung, East Kameng District to GPS Kampong, Longding or where the school is proposed for merger. Page No.# 3/4 5. Mr. T. Tapak, learned counsel for the petitioner submits that the transfer of the petitioner is in violation of the guidelines governing the transfer and posting, which provides the normal tenure for a particular station as two years, whereas the petitioner has not completed even one year at the present place of posting. That apart, the petitioner is an Asthma patient and his minor daughter having been admitted in the GUPS Sekong in Class-VI for the year 2024-2025, the transfer and posting of the petitioner to another district would not only seriously affect the health of the petitioner but also hamper the study of his daughter. Therefore, he submits that the transfer and posting of the petitioner may be reconsidered. 6. Having submitted above and having failed to place any plausible ground for interfering with the transfer and posting order, Mr. Tapak, learned counsel for the petitioner prays for disposal of the representation filed, by the petitioner, before the Directorate of Elementary Education, Government of Arunachal Pradesh, on 11.06.2025. 7. Mr. T. Tagum, learned Standing Counsel, Education Department submits that there is no ground, much less the grievance, to be consider and interfere with the transfer order of the petitioner. He further submits that the petitioner has been in the East Kameng District since last thirteen years. Therefore, the present writ petitioner is liable to be dismissed. 8. Having considered the submissions advanced by the learned counsels for the parties and as agreed to and considering that the prayer is essentially for disposal of the representation filed by the petitioner, although ground to interfere with the common transfer order dated 29.05.2025 is absolutely absent, I am of the view that a direction be issued to the respondent authorities, more particularly, the Commissioner (Education), Government of Arunachal Pradesh to consider and dispose of the representation. Page No.# 4/4 9. Accordingly, the writ petition stands closed with a direction to the respondent authorities, more particularly, the Commissioner (Education), Government of Arunachal Pradesh to dispose of the representation, that may be filed by the petitioner, as directed (infra), within a period of 15 (fifteen) days from the date of receipt of the representation. 10. The petitioner is directed to file a fresh representation before the Commissioner (Education), Government of Arunachal Pradesh within 10 (ten) days from today. JUDGE Comparing Assistant