Sangha Poshi and 2 Ors v. The State of Ap and 2 Others

ORDER Date : 03-04-2024 Heard Mr. C. Modi, learned counsel for the petitioners. Also heard Ms. K. Wangmu, learned State counsel appearing for the respondent No. 1 and Mr. T. Tagum, learned standing counsel for the Education Department representing respondents No. 2 & 3.

¶2By filing this application, the petitioners have sought for a direction to the respondent authorities to dispose of the representation of the petitioners dated

28.01.2020, in continuation of the earlier order, dated 28.05.2020, passed by this Court in WP(C)111(AP)2020.

¶3The case of the petitioners as projected is that the petitioners were appointed by different orders issued by the District Project Officer, Kurung Kumey District, Koloriang as Block Research Cluster Centre (BRCC) and Cluster Research Cluster Centre (CRCC). It is contended that due to the change in the Government policy, the Dy. State Project Director, Samagra Shiksha/ISSE, Arunachal Pradesh, Itanagar vide W.T. Massage, dated 28.06.2019, informed all Page No.# 3/4 the Deputy Commissioner-cum-District Project Directors in Arunachal Pradesh that appointment of BRCC and CRCC shall henceforth be done by the State Headquarter only. Pursuant to such direction, the State Headquarter in-charge of the Samagra Shiksha/ISSE started issuing orders for appointment of BRCC and CRCC. By an order, dated 20.01.2020, the petitioners have been replaced by some other persons which is contrary to the decision communicated vide W.T. Massage, dated 28.06.2019.

¶4Stated to have been aggrieved, the petitioners submitted a representation on 28.01.2020 to the Secretary (Education), Government of Arunachal Pradesh and having the representation not been considered and disposed of by the Secretary (Education), Government of Arunachal Pradesh, a writ petition being WP(C) 111(AP)2020 was instituted before this Court.

¶5This Court on 28.05.2020, on the consent of the parties disposed of the writ petition (supra) with a direction to the Secretary (Education), Government of Arunachal Pradesh to consider the representation of the petitioners, dated

28.01.2020, within a period of 20 (twenty) days from the receipt of the certified copy of the order.

¶6The petitioners by the instant application have again approached this Court strangely praying for same direction to dispose of the representation dated 28.01.2020 in continuation of the earlier order of this Court dated

28.05.2020, passed in WP(C)111(AP)2020.

¶7Having considered the submissions of the learned counsels appearing for the parties and the nature of the prayer made in this writ petition, this Court is of the view that there is no scope available to consider the prayer of the petitioners and I am afraid that the writ petition would be entertainable Page No.# 4/4 inasmuch as this Court cannot pass the same order again and over the order that has been passed in the earlier writ petition. Thus, the writ petition is not entertainable. Accordingly, the writ petition stands dismissed.

¶8However, the dismissal of the present writ petition shall not be a bar to the respondent authorities to consider the representation of the petitioners as directed by this Court in earlier writ petition. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040015512023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/536/2023 Sangha Poshi Son of late Sangha Epo, resident of Papu Nallah, District Papum Pare, Arunachal Pradesh, Pin No. 791110, Mobile No. 7630811830 2: Chera Taro Age: Occupation : BRCC Koloriang PO and PS Koloriang Kurung Kumey Arunachal Pradesh 3: Langda Raju Age: Occupation : CRCC Parsiparlo PO and PS Parsiparlo District Kurung Kumey Arunachal Prades VERSUS The State of AP and 2 Others represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Secretary of Education Department Age: 0 Occupation : Govt. of Arunachal Pradesh Itanagar. Page No.# 2/4 3:The DDSE cum DPO Age: 0 Occupation : Kurung Kumey District Koloriang Arunachal Pradesh Advocate for the Petitioner : Chorpok Modi Advocate for the Respondent : Ms. K. Wangmu, GA Mr. T. Tagum, SC (Education) BEFORE HONBLE MR. JUSTICE KARDAK ETE