Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC040011922025 2025:GAU-AP:853
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/322/2025 Kedo Ete Son of Late Beke Ete, a permanent resident of Bene Village, PO and PS Aalo, West Siang District, Arunachal Pradesh and presently serving as Post Graduate Teacher in Department of Education, Govt of Arunachal Pradesh. VERSUS The State of AP and 6 Ors represented by Chief Secretary. 2:The Commissioner Education Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 3:The Director Secondary Education Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 4:The Deputy Director School Education Age: 0 Occupation : West Siang District Aalo Govt of Arunachal Pradesh. 5:The Deputy Director School Education Age: 0 Occupation :
Page No.# 2/4 Shi Yomi District Tato Govt of Arunachal Pradesh. 6:The Principal Age: 0 Occupation : Govt Higher Secondary School Aalo West Siang District Arunachal Pradesh. 7:Lito Sora Age: 0 Occupation : Son of Goli Sora resident of Taba Sora Village PO and PS Aalo West Siang District Arunachal Pradesh presently serving as Post Graduate Teacher (Geography) and posted at Govt Higher Secondary School Aalo Advocate for the Petitioner : Reken Ingo, Kebom Taso,S Ahmed,Tado Siga,Tali Umbey,S D Loda,Kipa Yabi,Jumken Ete,Jumken Ete,Aruna Rai Advocate for the Respondent : GA (AP), SC (Education),Taba Tagum
BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 22-07-2025 Heard Mr. Reken Ingo, learned counsel for the petitioner. I have also heard Mr. Taba Tagum, learned Standing counsel for the Education Department. 2. By filing this application under Article 226 of the Constitution of India, the petitioner challenged the impugned transfer order dated 02.06.2025, issued by the Directorate of Secondary Education, Government of Arunachal Pradesh (respondent no. 3) whereby the petitioner, PGT (Geography) has been
Page No.# 3/4 transferred from GHSS, Aalo, West Siang district to GHSS, Mechuka, Shi-Yomi district, and the subsequent release order dated 04.07.2025. The petitioner also seeks a direction to retain him in his current posting place and also not to initiate any coercive action against him till the Medical board examination at TRIHMS as referred. 3. The case of the petitioner is that he was appointed as Junior Teacher in the year 1994 and promoted to Post Graduate Teacher (Geography) in the year 2009, and posted to Kodak Govt. Higher Secondary School, Upper Subansiri District on promotion. Thereafter, the petitioner was again transferred to Govt.
Higher Secondary School, Kamba and later on posted to Govt. Higher Secondary School, Aalo, West Siang District on 16.08.2023 where petitioner has served only 1 Year 9 Months till the issuance of the impugned order. 4. The further case of the petitioner is that he has made representation before the respondent authorities on 09.06.2025 apprising the authority regarding his serious health condition and premature transfer before completion of 3 (Three) Years normal tenure in terms of Rule 14 of Notification for Teachers Transfer and Posting Policy, 2025 dated 19.06.2025. 5. It is the further case of the petitioner that on such representation submitted by the petitioner, the respondent authority has referred his case to the Chief Medical Superintendent, Tomo Riba Institute of Health & Medical Board (TRIHMS) for medical examination by the Medical Board. However, during the pendency of such medical examination, the respondent no. 6 has released the petitioner and has also accepted the joining of the private respondent no. 7 without waiting for the pending medical examination of the petitioner. Thus, the
Page No.# 4/4 act of the respondent according to the petitioner is arbitrary and is contrary to the principle of natural justice. 6. However, the learned counsel for the petitioner submits that as the petitioner has submitted a representation and the respondent authority has referred the case of the petitioner to the Chief Medical Superintendent, Tomo Riba Institute of Health & Medical Board (TRIHMS) for his medical examination by the Medical Board which is still pending, the petitioner has a limited prayer at this stage to consider and dispose of the representation by giving stipulating time and in the meantime a Status Quo be maintained. 7. Mr. Taba Tagum, learned Standing counsel for the Education Department has no objection to such direction. 8. In view of the above and as agreed upon by both the learned counsel for the parties, this writ petition is disposed of at the motion stage itself with a direction to the respondent authorities, more particularly the respondent no.
6 to dispose of the representation submitted by the petitioner on 09.06.2025, strictly in accordance with law within a period of 3 (three) weeks from the date of receipt of a certified copy of this order. Until then, no coercive action be taken against the petitioner. 9. With the above direction, this writ petition stands disposed of. JUDGE Comparing Assistant