Page No.# 1/4 GAHC040010562025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/289/2025 Smti Asha Miji Daughter of Shri Kalung Miji, resident of Type III Colony, Seppa, East Kameng District, Arunachal Pradesh presently under transfer to the Office of the DDSE, Itanagar Capital Region, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP and 2 Ors represented by the Commissioner, Education, Govt of Arunachal Pradesh, Civil Secretariat, Itanagar. 2:The Director of Elementary Education Age: 0 Occupation : Govt of Arunachal Pradesh PO and PS Itanagar Papum Pare District Arunachal Pradesh. 3:The Deputy Director of School Education Age: 0 Occupation : Seppa East Kameng District PO and PS Seppa Arunachal Pradesh Advocate for the Petitioner : Jumge Karbak, Punyo Harming Advocate for the Respondent : Taba Tagum, SC (Education) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 27.06 .2025. Heard Mr. J. Karbak, learned counsel for the petitioner. Also heard Mr. T. Tagum, learned standing counsel for the Education Department. Considering the nature of the grievance raised in this writ petition and as consented by the learned counsel for the parties, this writ petition is heard and disposed of at the motion stage itself. The simple facts of the case are that the petitioner who is serving as Trained Graduate Teacher being appointed on 20.12.2015, under the Department of Elementary Education, Govt. of Arunachal Pradesh, was serving at GUPS, Pagia Valley, Seppa, East Kameng District. Pursuant to the rationalization transfer policy of the State, the petitioner is sought to be transferred from the GUPS, Pagia Valley, vide transfer order dated 29.05.2025, issued by the Commissioner (Education), Govt. of Arunachal Pradesh, whereby as many as thirty five (35) Primary Teachers and Trained Graduate Teachers have been transferred. The petitioner is transferred from GUPS, Pagia Valley, Seppa in East Kameng District to Itanagar at the disposal of the Deputy Director of School Education, Itanagar Capital Complex, Itanagar. However, despite repeated approaches, the Deputy Director of School Education, Seppa, East Kameng District has refused to release the petitioner. Mr. J. Karbak, learned counsel for the petitioner submits that the Page No.# 3/4 respondent authorities, particularly, the Deputy Director of School Education, Seppa, East Kameng District has illegally refused to release the petitioner, despite the order of transfer by the competent authority, i.e. Commissioner (Education), Govt. of Arunachal Pradesh. He submits that the reason for refusal to release the petitioner by the Deputy Director of School Education, Seppa, appears to be on the basis of the complaint filed by the Women Welfare Organization, Seppa, alleging certain serious allegations against the petitioner, which cannot be a ground to refuse the release of the petitioner. Therefore, he submits that the Deputy Director of School Education, Seppa, East Kameng District may be directed to release the petitioner forthwith. Mr. T. Tagum, learned standing counsel for the Education Department submits that since the order of transfer of the petitioner is passed validly, in order to rationalize the teachers, the Deputy Director of School Education, Seppa is obligated to release the petitioner. Having heard the submissions of learned counsel for the parties and considering that the order of transfer dated 29.05.2025, reflects the transfer and posting of various Primary Teachers and Trained Graduate Teachers, whereby as many as 35 teachers have been transferred and posted in different places of postings including the petitioner, I am of the view that there is no reasonable ground to refuse the release of the petitioner, as the transfer order has been issued by the Commissioner (Education), Govt. of Arunachal Pradesh. If at all any allegation is levelled against the petitioner, at best other appropriate course of action could be initiated under the law. But on the mere complaint, of even it serious, would be a ground to refuse the release of the petitioner. Thus, I am of the view that the respondent authorities are deserved to be directed to release the petitioner. Accordingly, the respondent No.3, i.e. the Page No.# 4/4 Deputy Director of School Education, Seppa, East Kameng District, is directed to release the petitioner from GUPS, Pagia Valley, to enable her to join in her new place of posting at Itanagar. However, this Court refrains from making any comment(s) with regard to the allegation levelled against the petitioner by the Women Welfare Organization, Seppa, as the law will take its own course, on such allegation. The writ petition stands disposed of. JUDGE Comparing Assistant