All Arunachal Pradesh Elementary Teachers Association (Aapeta) v. The State of Ap and 34 Ors

ORDER Date : 16-12-2024 Heard Mr. A. K. Purkayastha, learned counsel for the petitioner and Mr. T. Tagum, learned Standing counsel for the Education Department.

¶2Mr. Tagum, learned Standing counsel for the Education Department has, at the outset, submitted that the recruitment to the post of the Deputy Director of School Education/Principal, Government Higher Secondary School is so governed by the "Deputy Director/Principal, Government Higher Secondary School Rules, 2010".

¶3Mr. Tagum has further submitted that the provisions of the Clause (v) &

(vi) of Rule 55 of the "Arunachal Pradesh Education Rules, 2010" in so far as it relates to the cadre of the Deputy Director of School Education/Principal, Government Higher Secondary School, came to the amended by "Arunachal Page No.# 9/10 Pradesh Education (Amendment) Rules, 2014. In terms of the amendment so made, promotion to the post of the Deputy Director of School Education/Principal, Government Higher Secondary School is to be made against 90% vacancy by the promotion from the cadre of Headmaster/Vice Principal and the remaining 10% by promotion from the District Adult Education Officer

(DAEO) who had completed eight years of regular service in their respective grade and possess second position Master Degree with Bachelor of Education from a recognised university. He has further submitted that the provisions of the said Rules governing the recruitment to the post of the Deputy Commissioner of School Education has not been challenge in the present proceeding.

¶4In view of the existence of the said Rules governing the recruitment to the post of the Deputy Director of School Education being brought on record by the learned Standing counsel for the Education Department, Mr. A. K. Purkayastha, learned counsel for the petitioner fairly submits that the provisions of the said Rules would now be required to be challenged by the petitioner, inasmuch as, the post the Headmaster of Upper Primary School and also the post of Block Education Officer (BEO) have not been identified as feeder cadres for promotion to the post of the Deputy Director of School Education. Accordingly, he prays that he be permitted to withdraw the present petition with liberty to file appropriate proceedings presenting a challenge to the provisions of the said Rules in so far as it concerns the recruitment to the post of the Deputy Director of School Education.

¶5The said prayer is not objected to by Mr. T. Tagum, learned Standing counsel Education Department.

¶6In view of the above position, this Court permits the petitioner to withdraw Page No.# 10/10 the present writ petition with liberty to institute appropriate proceedings for assailing the Rules governing the recruitment to the post of Deputy Director, School Education, if so advised. It is further provided that the contentions raised in the present petition, not being considered on its merits by this Court, the same will be open to the petitioner to urge the same in the event of filing of proceedings assailing the provisions of the Rules governing the recruitment to the post of the Deputy Director of School Education.

¶7With the above observations, the writ petition stands disposed of on withdrawal. JUDGE Comparing Assistant

Page No.# 1/10 GAHC040001922023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/73/2023 All Arunachal Pradesh Elementary Teachers Association (AAPETA) Represented by its Vice President Shri Pill Takur, Son of Late Pill Teni, Permanent Resident of Village Korli, PO Yazali, PS Yazali, District Lower Subansiri, Arunachal Pradesh, PIN 791119, Presently residing at P Sector, PO and PS Itanagar, District Papum Pare, PIN 791111, Arunachal Pradesh. VERSUS THE STATE OF AP and 34 Ors. the Deptt. of Education, Govt. of Arunachal Pradesh, Itanagar, AP, PIN 791111 2:The Commissioner the Deptt. of Education Govt. of Arunachal Pradesh Itanagar AP PIN 791111 3:The Secretary to Govt. of Arunachal Pradesh Education Department Page No.# 2/10 Itanagar AP PIN 791111 4:The Secretary Govt. of Arunachal Pradesh The Deptt. of Finance Itanagar AP PIN 791111 5:The Commissioner The Deptt. of Finance Govt. of Arunachal Pradesh Itanagar AP PIN 791111 6:The Under Secretary Govt. of Arunachal Pradesh The Deptt. of Education Itanagar AP PIN 791111 7:The Director of Secondary Education Govt. of Arunachal Pradesh Itanagar AP PIN 791111 8:The Director of Elementary Education Govt. of Arunachal Pradesh Page No.# 3/10 Itanagar AP PIN 791111 9:Techi Pratap DDEE Deputy Director of Elementary Education Presently posted in the Office of Director of Elementary Education Department of Education Itanagar PIN 791111 10:Mongol Taki DDEE Deputy Director of Elementary Education Presently posted in the Office of Director of Elementary Education Department of Education Itanagar PIN 791111 11:Tanom Tapak DDEE Deputy Director of Elementary Education Presently posted in the Office of Director of Elementary Education Department of Education Itanagar PIN 791111 12:Aroti Padung DDEE Deputy Director of Elementary Education Presently posted in the Office of Director of Elementary Education Department of Education Itanagar PIN 791111 13:Lobsang Dorjee Komu DDSE Presently posted in the Office of Deputy Director School Education Bomdila Dist. West Kameng Page No.# 4/10 PIN 790001 14:Pubi Lombi DDSE Presently Posted in the Office of Deputy Director of School Education Seppa Dist. East Kameng PIN 790102 15:Tagu Tana Tara DDSE Presently posted at the Office of Deputy Director of School Education Yupia Dist. Papum Pare Arunachal Pradesh PIN 791110 16:Sorang Tapi Zara DDSE Presently posted in the Office of C/Complex Itanagar PO/PS Itanagar Arunachal Pradesh PIN 791111 17:Tabia Chobin DDSE Presently working in the Office of Deputy Director of School Education Ziro Dist. Lower Subansiri PIN 791120 18:Tape Jeram DDSE Presently posted in the Office of Deputy Director of School Education Daporijo Dist. Upper Subansiri PIN 791122 19:Yidak Angu Page No.# 5/10 DDSE Presently working in the office of Deputy Director of School Education AALO Dist. West Siang PIN 791001 20:Odhuk Tabing DDSE Presently working in the office of Deputy Director of School Education Pasighat Dist. East Siang PIN 791002 21:Lakyam Tasing DDSE Presently working in the Office of Deputy Director of School Education Yingkiong Dist. Upper Siang Arunachal Pradesh. PIN 791002 22:Deepak Tayeng DDSE Presently working in the office of Deputy Director of School Education Roing Dist. Lower Dibang Valley PIN 792110 23:Eto Ete DDSE Presently working in the office of Deputy Director of School Education Tezu Dist. Lohit PIN 792001 24:Midak Riba DDSE Presently working in the office of Deputy Director of School Education of Hawai Dist. Papumpare Page No.# 6/10 PIN 792104 25:Ego Doye DDSE Presently Deputy Director of School Education Changlang Dist. Changlang Arunachal Pradesh. PIN 792120 26:Hortum Loyi DDSE Presently working in the Office of Deputy Director of School Education Khonsa Dist. Tirap PIN 786630 27:Jombo Lona DDSE Presently working in the office of Deputy Director of School Education Longding Dist. Tirap PIN 792131 28:Oyi Borang Tatak DDSE Presently working in the