Page No.# 1/24 GAHC040018002025 2026:GAU-AP:478 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/509/2025 Miss Ishak Phassang and 99 Ors Daughter of Tassang Phassang, resident of Lekhi, PO Naharlagun, PS Nirjuli, Papum Pare District, Arunachal Pradesh. 2: Gody Taba Age: Occupation : Son of Nyago Taba resident of Regi Village Leparada District Arunachal Pradesh. 3: Miss Amum Pertin Age: Occupation : Daughter of Orak Pertin resident of Pasighat East Siang District Arunachal Pradesh. 4: Ms Gyamar Anam Age: Occupation : Daughter of Gyamar Tai resident of Haddang Colony near Polytechnic College Itanagar Papum Pare District Arunachal Pradesh 5: Takam kuku Age: Occupation : Son of Takam Laling resident of Senki View Itanagar Papum Pare District Page No.# 2/24 Arunachal Pradesh 6: John Cheda Age: Occupation : Son of Tate Cheda resident of Seppa East Kameng District Arunachal Pradesh. 7: General Taggu Age: Occupation : Son of Taniyang Taggu resident of Pasighat East Siang District Arunachal Pradesh. 8: Jeena Taku Age: Occupation : Son of Gamgang Taku resident of Kakukao East Kameng District Arunachal Pradesh. 9: Jarnga Nijo Age: Occupation : Son of Nejar Nijo resident of Dumporijo Upper Subansiri District Arunachal Pradesh. 10: Sonia Kadu Age: Occupation : Son of Tagam Kadu resident of Yemsing Village Siang District Arunachal Pradesh 11: Tashi Lamu Thongdok Age: Occupation : Son of Dorjee Khandu resident of Thungri Village West Kameng District Page No.# 3/24 Arunachal Pradesh 12: Panseng Tangha Age: Occupation : Son of Langngam Tangha resident of Kharsang Village Changlang District Arunachal Pradesh 13: Eve Doke Age: Occupation : Son of Rilin Doke resident of Paimori Village Lower Siang District Arunachal Pradesh 14: Jumme Koyu Age: Occupation : Son of Shri Kojum Koyu resident of P Sector Itanagar Papum Pare District Arunachal Pradesh 15: Ms Banu Diyum Age: Occupation : Daughter of Jomgum Diyum resident of Aalo West Siang District Arunachal Pradesh 16: Pura Reela Age: Occupation : Son of Shri Pura Pussang resident of Hija Village Ziro PO and PS Hapoli Lower Siang District Arunachal Pradesh 17: Jumma Kabak Age: Occupation : Son of Shri Sera Kabak resident of P Sector Itanagar Page No.# 4/24 Papum Pare District Arunachal Pradesh. 18: Lek Tayeng Age: Occupation : Son of Numang Tayeng resident of Motum Village East Siang District Arunachal Pradesh. 19: Junaki Shin Age: Occupation : Son of Shri S K Shin resident of Deomali Tirap District Arunachal Pradesh. 20: Hina Nabam Age: Occupation : Son of Shri Nikum Nabum resident of Pakke Kessang Pakke Kessang District Arunachal Pradesh. 21: Gatchi Bagang Age: Occupation : Son of Shri Nima Bagang resident of Papu Nallah Naharlagun Papum Pare District Arunachal Pradesh. 22: Dipika Ebiya Age: Occupation : Son of Shri Tadit Ebiya resident of Jollang Itanagar Papum Pare District Arunachal Pradesh. 23: Miss Taba Yaza Age: Occupation : Daughter of Shri Taba Serbi Page No.# 5/24 resident of Billo Village Yazali Keyi Panyor District Arunachal Pradesh. 24: Miss Nabam Aruna Age: Occupation : Daughter of Nabam Nippo resident of Ganga Itanagar Papum Pare District Arunachal Pradesh. 25: Miss Ame Gyadi Age: Occupation : Daughter of Shri Balang Gyadi Papu nallah Naharlagun Papum Pare District Arunachal Pradesh. 26: Ha Tachu Age: Occupation : Son of Shri Ha Tali resident of Pip Sorang Kra Daadi District Arunachal Pradesh. 27: Yama Dukli Age: Occupation : Son of Shri Taw Dukli resident of Jollang Itanagar Papum Pare District Arunachal Pradesh. 28: Nini Tatak Age: Occupation : Son of Shri Tamang Tatak resident of Pessing Siang District Arunachal Pradesh. 29: Likha Ako Page No.# 6/24 Age: Occupation : Son of Shri Likha Tei resident of Doimukh Papum Pare District Arunachal Pradesh. 30: Aman Taron Age: Occupation : Son of Shri Tatin Taron resident of Itanagar Papum Pare District Arunachal Pradesh. 31: Christina Linggi Age: Occupation : Son of Late Ijuju Linggi resident of Sirang Village Lower Dibang Valley District Arunachal Pradesh. 32: Kumar Rupok Age: Occupation : Son of Jaruk Rupok resident of Vivek Vihar Itanagar Papum Pare District Arunachal Pradesh. 33: Miss kabak Kaha Age: Occupation : Daughter of Shri Kabak Ai resident of Itanagar Zoo Road Papum Pare District Arunachal Pradesh. 34: Bake Aka Age: Occupation : Son of Bake Doro resident of Chimpu Itanagar Papum Pare District Arunachal Pradesh. 35: Dohu Yadang Page No.# 7/24 Age: Occupation : Son of Shri Dohu Taram resident of Doimukh Ppaum Pare District Arunachal Pradesh. 36: Nokjoy Boham Age: Occupation : Son of Chonkal Boham resident of Chandranagar Itanagar Papum Pare District Arunachal Pradesh. 37: Nani Tachi Age: Occupation : Daughter of Shri Tubing Tachi resident of Doimukh Papum Pare District Arunachal Pradesh. 38: Nasum Jongkey Age: Occupation : Daughter of Shri Kangkeng Jongkey resident of Yingkiong Upper Siang District Arunachal Pradesh. 39: Taba Akai Age: Occupation : Daughter of Taba Nakam resident of Balijan Papum Pare District Arunachal Pradesh. 40: Yirbi Gadi Age: Occupation : Daughter of Shri Bayir Gadi resident of Tirbin Village Lepa Rada District Arunachal Pradesh. 41: Miss Yata Ruji Age: Page No.# 8/24 Occupation : Daughter of Late Bat Ruji Arunachal Pradesh. 42: Miss Sangkung Mamita Age: Occupation : Daughter of Sangkung Tajik resident of Jollang Itanagar Papum Pare District Arunachal Pradesh. 43: Tai Kumar Age: Occupation : Son of Tai Nigriu resident of Doimukh Lower Amchi Papum Pare District Arunachal Pradesh. 44: Tungam Nanga Age: Occupation : Daughter of Shri Tungam Takia resident of Kra Daadi Kra Daadi District Arunachal Pradesh. 45: Rido Nano Age: Occupation : Daughter of Shri Rido Tama resident of Nirjuli Papum Pare District Arunachal Pradesh. 46: Miss Kago Puniya Age: Occupation : Daughter of Kago Ubin resident of Police Colony Naharlagun Papum Pare District Arunachal Pradesh. 47: Tai Juju Age: Page No.# 9/24 Occupation : Son of Tai Takoi resident of Lekhi Village Papum Pare District Arunachal Pradesh. 48: Nyakde Gongo Age: Occupation : Son of Shri Tanyak Gongo resident of Chandranagar near Power House Itanagar Papum Pare District Arunachal Pradesh. 49: Malin Rebi Age: Occupation : Son of Shri Sabu Rebi resident of Dokum Colony Naharlagun Papum Pare District Arunachal Pradesh. 50: Miss Mary Kigam Age: Occupation : Daughter of Kigam Tara resident of Balijan Papum Pare District Arunachal Pradesh. 51: Harbom Bam Age: Occupation : Son of Shri Nyihar Bam resident of Yupia-II Papum Pare District Arunachal Pradesh. 52: Taw Kanya Age: Occupation : Son of Shri Taw Sala resident of Raga Village Kamel District Arunachal Pradesh. Page No.# 10/24 53: Donyi Rijiju Age: Occupation : Son of Shri Ranjen Rijiju resident of Nyokum Lapang Itanagar Papum Pare District Arunachal Pradesh. 54: Miss Monica Tayeng Age: Occupation : Daughter of Motilal Tayeng resident of Pasighat East Siang District Arunachal Pradesh. 55: Miss Yama Dukli Age: Occupation : Daughter Taw Dukli resident of Jullang Itanagar Papum Pare District Arunachal Pradesh. 56: Bengia Tuli Age: Occupation : Son of Shri bengia Takio resident of Nirjuli D Sector Papum Pare District Arunachal Pradesh. 57: Taba Akai Age: Occupation : Son of Shri Taba Nakam resident of Balijan Papum Pare District Arunachal Pradesh. 58: Miss Bengia Yatu Age: Occupation : Daughter of Bengia Kooda resident of Papu Nallah Page No.# 11/24 Naharlagun Papum Pare District Arunachal Pradesh. 59: Henjum Lollen Age: Occupation : Son of Shri Nyabom Lollen resident of H Sector Itanagar Papum Pare District Arunachal Pradesh. 60: Miss Marie Hissang Age: Occupation : Daughter of Rasso Hissang resident of Pachin Colony Naharlagun Papum Pare District Arunachal Pradesh. 61: Miss Yangfo Moni Age: Occupation : Daughter of Shri Yanfo Minju resident of Jollang near Himalayan University Papum Pare District Arunachal Pradesh. 62: Miss Balo Yager Age: Occupation : Daughter of Shri Balo Taying resident of Bank Tinali Itanagar Papum Pare District Arunachal Pradesh. 63: Nido Atel Age: Occupation : Son of Nido Temi resident of Jullang Itanagar Papum Pare District Arunachal Pradesh. 64: Miss Maria Rikhong Page No.# 12/24 Age: Occupation : Daughter of Jaiwu Rikhong resident of Pachin Colony Naharlagun Papum Pare District Arunachal Pradesh. 65: Miss Dikjum Romin Age: Occupation : Daughter of Gidik Romin 66: Miss Nini Tatak Age: Occupation : Daughter of Shri Tamang Tatak resident of Pessing Siang District Arunachal Pradesh. 67: Tomen Bomjen Age: Occupation : Son of Bomto Bomjen resident of Nari Lower Siang District Arunachal Pradesh. 68: Miss Onima Taga Age: Occupation : Daughter of Tapi Taga resident of Vivek Vihar VIP Colony Itanagar Papum Pare District Arunachal Pradesh. 69: Michak Riram Age: Occupation : Son of Shri Emi Riram resident of Sadi Village PO and PS Basar Leparada District Arunachal Pradesh. 70: Miss Yai Doke Page No.# 13/24 Age: Occupation : Daughter of Marko Doke resident of B R Colony Itanagar Papum Pare District Arunachal Pradesh. 71: Miss Techi Ami Age: Occupation : Daughter of Techi Azad resident of D Sector Itanagar Papum Pare District Arunachal Pradesh. 72: Ogur Tekseng Age: Occupation : Son of Shri Abuk Tekseng resident of Yingkiong Upper Siang District Arunachal Pradesh. 73: Pangkit Yordung Age: Occupation : Son of Taser Yordung resident of Mowb-2 Itanagar Papum Pare District Arunachal Pradesh. 74: Miss Ngajar Gamlin Age: Occupation : Daughter of Ponga Gamlin resident of Polo Colony Naharlagun Papum Pare District Arunachal Pradesh. 75: Miss Nikjay Achum Age: Occupation : Daughter of Nukja Chungpi resident of Bank Tinali Itanagar Papum Pare District Arunachal Pradesh. Page No.# 14/24 76: Kime Tabyi Age: Occupation : Son of Kime Hinda resident of Tezu Lohit District Arunachal Pradesh. 77: Miss Rakhe Yapu Age: Occupation : Daughter of Rakhe Tatum resident of Bumte Village Kamle District Arunachal Pradesh. 78: Koj Morne Age: Occupation : Son of Koj Tajo resident of Ziro Lower Subansiri District Arunachal Pradesh. 79: Miss Bullo Asung Age: Occupation : Daughter of Shri Bullo Sambyo resident of Lekhi Village Naharlagun Papum Pare District Arunachal Pradesh. 80: Miss Kholi Yadi Age: Occupation : Daughter of Kholi Konia resident of A Sector Naharlagun Papum Pare District Arunachal Pradesh. 81: Miss Dogam Sora Age: Occupation : Daughter of Shri Lido Sora resident of Aalo West Siang District Arunachal Pradesh. Page No.# 15/24 82: Bengia Abu Age: Occupation : Son of Shri Bengia Talar resident of Koloriang Kurung Kumey District Arunachal Pradesh. 83: Miss Epi Doka Age: Occupation : Daughter of Safar Doka resident of Seppa East Kameng District Arunachal Pradesh. 84: Miss Mekori Tajo Age: Occupation : Daughter of Shri Kioda Tajo resident of East Kameng District Arunachal Pradesh. 85: Yabi Tangu Age: Occupation : Son of Tagek Tangu 86: Reya Killo Age: Occupation : Son of Late Tabing Killo 87: Rumin Tana Age: Occupation : Son of Tana Sona Tara Nirjuli PO and PS Nirjuli Arunachal Pradesh. 88: Pasang Lhamu Age: Occupation : Son of Pempa Tsering resident of Tawang Village Mago Page No.# 16/24 PO and PS Jang West Kameng District Arunachal Pradesh. 89: Miss Bullo Puming Age: Occupation : Daughter of Bullo Tacha resident of D Sector Naharlagun Papum Pare District Arunachal Pradesh. 90: Jomrik Ado Age: Occupation : Son of Bejom Ado resident of Nirjuli Papum Pare District Arunachal Pradesh. 91: Miss Taba Ana Age: Occupation : Daughter of Taba Tara resident of Yazali PO and PS Yazali Keyi Panyor District Arunachal Pradesh. 92: Techi Natung Age: Occupation : Son of Shri Techi Hari resident of Khaming Village Papum Pare District Arunachal Pradesh. 93: Miss Yamuna Baja Age: Occupation : Daughter of Taka Baja resident of E Sector Naharlagun Papum Pare District Arunachal Pradesh. 94: Miss Bengia Yaniam Age: Occupation : Page No.# 17/24 Daughter of Bengia Sakha resident of Yazali Keyi Panyor District Arunachal Pradesh. 95: Miss Nabam Naniya Age: Occupation : Daughter of Nabam Hina resident of Yazali Papum Pare District Arunachal Pradesh. 96: Miss Roshni Rai Age: Occupation : Daughter of Tadik Rai resident of Itanagar Papum Pare District Arunachal Pradesh. 97: Koncho Chena Age: Occupation : Son of Ninshey Chena resident of Kharsang Changlang District Arunachal Pradesh. 98: Miss Mina Nabom Age: Occupation : Daughter of Tagom Nabom resident of Pakke Kessang Pakke Kessang District Arunachal Pradesh. 99: Miss Tadar Anoki Age: Occupation : Daughter of Tadar Taram resident of Pachin Colony Naharlagun Papum Pare District Arunachal Pradesh. 100: Miss Rani Tabo Age: Occupation : Page No.# 18/24 Daughter of Shri Hetar Tabo resident of Bhalukpong West Kameng District Arunachal Pradesh VERSUS The State of AP annd 4 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Chairman Age: 0 Occupation : Arunachal Pradesh Public Service Commission Govt of Arunachal Pradesh Itanagar. 3:The Secretary Age: 0 Occupation : Arunachal Pradesh Public Service Commission Govt of Arunachal Pradesh Itanagar. 4:The Special Secretary Age: 0 Occupation : Department of Education Govt of Arunachal Pradesh. 5:The Director Age: 0 Occupation : Secondary Education Govt of Arunachal Pradesh Itanagar Page No.# 19/24 BEFORE HON’BLE MR. JUSTICE BUDI HABUNG Advocate for the Petitioner : Mr. C. Modi, ld. Adv. Advocate for the Respondents : Ms. P. Pangu, ld. Govt. Adv. for resp. No.1 Ms. N. Anju, ld SC APPSC for resp. Nos. 2 & 3; and Ms. T. Tagum, ld SC, Education for resp. Nos. 4 & 5. Date on which Judgment is reserved : 13.05.2026 Date of Hearing : 13.05.2026 Date of Judgment and Order : 18.05.2026 Whether the pronouncement is of the Operative part of the Judgment? :No Whether the full Judgment has been pronounced ? : Yes JUDGMENT & ORDER (CAV) Heard Mr. C. Modi, learned counsel for the petitioners. Also heard Ms. P. Pangu, learned Government Advocate for State respondent No. 1; Ms. N. Anju, learned Standing Counsel, APPSC, for the respondent Nos. 2 and 3; and Mr. T. Tagum, learned Standing Counsel, Education Department, for the respondent Nos. 4 and 5. 2. The present writ petition has been filed by the petitioners, numbering 100, challenging the notification dated 28.10.2025 issued by the Arunachal Pradesh Page No.# 20/24 Public Service Commission (hereinafter referred to as “APPSC”), whereby candidates possessing B.Ed. (Special)/B.Ed. (Special Education) were declared ineligible for appointment to the post of Post Graduate Teacher (PGT) under the Education Department. 3. The facts of the case, in brief, are that the Arunachal Pradesh Public Service Commission issued an advertisement dated 16.08.2025 inviting applications for filling up 111 posts of Post Graduate Teacher (PGT) under the Education Department, Government of Arunachal Pradesh. As per the PGT Recruitment Rules, 2014, as well as the advertisement dated 16.08.2025, the prescribed educational qualification for the post of PGT was “Second Class Master’s Degree in the concerned subject from a recognized university with B.Ed.” 4. The petitioners possess a Second Class Master’s Degree in the concerned subject along with B.Ed. (Special Education)/B.Ed. (Special). On the basis of the said qualifications, the petitioners submitted their applications, and admit cards were issued to them during the month of September, 2025. 5. Subsequently, the Public Service Commission, by letter dated 09.10.2025, wrote to the Commissioner, Education Department, seeking clarification as to whether candidates possessing B.Ed. (Special Education), B.Ed. (Special Education–Learning Disability), B.Ed. (Special Education – Hearing Impairment), and B.Ed. (Special) were eligible to apply for the post of Post Graduate Teacher (PGT). 6. In response thereto, the Commissioner (Education), Government of Arunachal Pradesh, by letter dated 15.10.2025, clarified that, as per the PGT Page No.# 21/24 Recruitment Rules, the minimum educational qualification prescribed for the post of Post Graduate Teacher (PGT) is a Second Class Master’s Degree in the concerned subject from a recognized university with B.Ed. Hence, candidates possessing any other qualification would not be considered eligible for the posts. It was further clarified that the NCTE Regulations, 2014, notified on 12.11.2024, have laid down the minimum academic and professional qualifications for recruitment of teachers at the secondary/higher secondary and senior secondary levels, and B.Ed. (Special Education) has not been recognized as an alternative teacher education qualification for teaching Classes IX to XII. Accordingly, only the general B.Ed. qualification is acceptable for the post in question. 7. Pursuant to the said clarification, the Commission issued the impugned notification dated 28.10.2025 clarifying that, other than candidates possessing a general B.Ed. degree, candidates possessing qualifications such as B.Ed. (Special Education), B.Ed. (Special), or any qualification other than a general B.Ed. would be treated as ineligible for the posts of Post Graduate Teacher (PGT). It was further stated that if any candidate is found to possess B.Ed. (Special Education), B.Ed. (Special), or any other degree other than a general B.Ed. upon further verification, the Commission reserves the right to withhold their candidature at further stages of the examination. Aggrieved thereby, the petitioners approached this Court by filing the present writ petition. 8. During the pendency of the writ petition, this Court, by interim order dated 31.10.2025, permitted the petitioners, who had already been issued admit cards, to participate in the written examination for the Post Graduate Teacher (PGT) Recruitment Test, 2025. However, the learned counsel for the petitioner Page No.# 22/24 submitted that, after declaration of the written examination results, only two out of the 100 petitioners qualified for the viva voce/interview, which is scheduled to be held on 18.05.2026. 9. The learned counsel for the petitioners argued that once admit cards had been issued and the petitioners were permitted by this Court to participate in the written examination, the respondents could not change the eligibility criteria midway through the selection process. It is further submitted that similarly situated persons possessing B.Ed. (Special Education) were allowed to participate and were also appointed by the Department. According to the learned counsel, the petitioners are also duly qualified and, therefore, ought to be allowed to participate in the further stages of the selection process. 10. Per contra, Ms. Anju, learned Standing Counsel appearing for the APPSC, submits that both the Recruitment Rules and the advertisement specifically prescribed “Second Class Master’s Degree in the concerned subject from a recognized university with B.Ed.” as the essential qualification. It is submitted that the petitioners, admittedly, do not possess a general B.Ed. qualification. The issuance of admit cards to the petitioners was an inadvertent administrative error, which was subsequently corrected upon the discrepancy being noticed and upon clarification being received from the Education Department. It is contended that an administrative mistake cannot override the statutory Recruitment Rules. In support of such contention, reliance has been placed upon the judgments of the Hon’ble Supreme Court in State of Rajasthan & Ors v. Lata Arun, reported in (2002) 6 SCC 252 and Bihar Public Service Commission & Ors v. Kamini & Ors, reported in (2007) 5 SCC 519. 11. Mr. Tagum, learned Standing Counsel appearing for the Education Page No.# 23/24 Department, submits that B.Ed. (Special Education) is a specialized qualification intended for teaching children with special needs and is distinct from a general B.Ed., which is prescribed for teaching general students in Classes IX to XII. The learned Standing Counsel further submitted that separate Recruitment Rules for candidates possessing B.Ed. (Special Education) are under consideration; however, under the existing Recruitment Rules governing the present recruitment, only candidates possessing a “Second Class Master’s Degree with general B.Ed.” are eligible. 12. This Court has considered the submissions advanced by the learned counsel for the parties and has also perused the materials available on record. Admittedly, the Recruitment Rules governing the post of PGT prescribe the educational qualification as “Second Class Master’s Degree in the concerned subject from a recognized university with B.Ed.” The advertisement issued by the APPSC also reiterated the very same eligibility conditions. 13. The petitioners admittedly possess B.Ed. (Special)/B.Ed. (Special Education) and not a general B.Ed. qualification. Therefore, the petitioners did not fulfil the prescribed eligibility criteria even at the time of submission of their applications. Merely because admit cards were inadvertently issued to the petitioners cannot confer any vested right upon them to claim participation in the selection process contrary to the Recruitment Rules. It is settled law that an administrative error or inadvertence on the part of the authority cannot override statutory provisions/Recruitment Rules framed under the proviso to Article 309 of the Constitution of India, nor can it confer eligibility where none existed. 14. The clarification issued by the Education Department dated 15.10.2025 clearly states that B.Ed. (Special Education) is not treated as an equivalent Page No.# 24/24 qualification to a general B.Ed. for teaching Classes IX to XII. Based on the said clarification, the Commission rightly issued the impugned notification dated 28.10.2025 declaring such candidate’s ineligible to participate in the Post Graduate Teacher (PGT) Examination, 2025. 15. The contention of the petitioners that some candidates possessing similar qualifications were appointed earlier also does not support their case. Any appointment made contrary to the Recruitment Rules cannot be relied upon to perpetuate an illegality or to seek parity based on a wrong action. This Court is, therefore, of the considered view that the petitioners, not possessing the prescribed qualification of a general B.Ed., are not eligible for appointment to the post of Post Graduate Teacher (PGT) under the existing Recruitment Rules. The impugned notification dated 28.10.2025 issued by the Commission does not suffer from any illegality warranting interference under Article 226 of the Constitution of India. 16. Accordingly, the writ petition is dismissed, being devoid of merit. 17. The interim order, if any, stands vacated. 18. With the above observations, this writ petition stands disposed of. JUDGE Comparing Assistant