Thirty-eight nursing officers working as assigned Tutors in government nursing institutes sought absorption as regular Tutors under Rule 4 of the 2024 Tutor Recruitment Rules. With the Rules on hold and a possible amendment pending, the Court directed disposal of their representation by a speaking order within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC040003632026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C)/98/2026
Smti Natel Jamoh and 37 Ors I/C Principal, Govt College of Nursing Pasighat. 2: Smti Boa Yania Taw Age: Occupation : I/C Principal Arunachal State nursing College TRIHMS Naharlagun.
3: Smti Inu Borang Age: Occupation : working as Tutor Arunachal State nursing College TRIHMS Naharlagun.
4: Smti Joram Aniya Age: Occupation : working as Tutor Arunachal State nursing College TRIHMS Naharlagun.
5: Smti Millo Dimin Age: Occupation : working as Tutor Arunachal State nursing College TRIHMS Naharlagun.
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6: Smti Neeliam Bangsia Age: Occupation : working as Tutor Govt College of Nursing Pasighat.
7: Smti Meena Koje Age: Occupation : working as I/C Principal Govt ANM School Aalo.
8: Smti Lilly Kullo Age: Occupation : working as Tutor Arunachal State Nursing College TRIHMS Naharlagun.
9: Smti Kenyir Koyu Age: Occupation : working as Tutor Govt College of Nursing Pasighat.
10: Smti Yaran Talom Age: Occupation : working as Tutor Govt ANM School HTRC Pasighat.
11: Smti Kunang Taying Age: Occupation : working as Tutor Govt ANM School HTRC Pasighat.
12: Smti Oyar Moyong Age: Occupation : working as Tutor
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Govt College of nursing Pasighat.
13: Smti Kenter Rina Age: Occupation : working as Tutor Govt college of Nursing Pasighat. 14: Smti Punya Tage Age: Occupation : working as I/C Principal Khando Drowa Sangmo Govt ANM School of Nurising Tawang.
15: Smti Kunchok Tsering Age: Occupation : working as Tutor Khando Drowa Sangmo Govt ANM School of Nurising Tawang.
16: Smti Thinlay Sangmo Age: Occupation : working as Tutor Khando Drowa Sangmo Govt ANM School of Nurising Tawang.
17: Smti Rinchin Chhoten Age: Occupation : working as Tutor Khando Drowa Sangmo Govt ANM School of Nurising Tawang.
18: Smti Kopdar Gadi Age: Occupation : working as Tutor Govt ANM School Aalo. 19: Smti Jomngam Padu Age: Occupation : working as Tutor
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Govt ANM School Aalo.
20: Smti Bikek Mara Age: Occupation : working as Tutor Govt ANM School Aalo.
21: Smti Moi Bagra Age: Occupation : working as Tutor Govt ANM School Aalo.
22: Smti Yai Lombi Age: Occupation : working as Tutor Arunachal State Nursing College TRIHMS Naharlagun.
23: Smti Lony Chongroju Age: Occupation : working as Tutor Govt College of nursing Pasighat.
24: Smti Maryir Geyi Age: Occupation : working as Tutor Govt College of Nursing Pasighat.
25: Smti Barik Bomjen Age: Occupation : working as Tutor Govt ANM School Namsai.
26: Smti Bharati Sora Age: Occupation :
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working as Tutor Govt ANM School Aalo. 27: Smti Ugu Libang Age: Occupation : working as Tutor Arunachal State Nursing College TRIHMS Naharlagun.
28: Abinam Tagi Age: Occupation : working as Tutor Govt ANM School HTRC Pasighat.
29: Smti Binga Marde Age: Occupation : working as Tutor Govt ANM School HTRC Pasighat.
30: Nitu Lamgu Phassang Age: Occupation : working as Tutor Arunachal State Nursing College TRIHMS Naharlagun 31: Nangbia Sonu Age: Occupation : working as I/C Principal Govt ANM School Daporijo. 32: Smti Ampi Tage Age: Occupation : working as Tutor Arunachal State Nursing College TRIHMS
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Naharlagun
33: Smti Dari Nyari Age: Occupation : working as Tutor Arunachal State Nursing College TRIHMS Naharlagun
34: Smti Dakmi Gara Age: Occupation : working as I/C Principal Govt ANM School Namsai 35: Smti Seema Yadav Age: Occupation : working as I/C Principal Govt ANM School HTRC Pasighat. 36: Smti Nending Yakang Age: Occupation : working as Tutor Arunachal State Nursing College TRIHMS Naharlagun.
37: Smti Mary Tayum Age: Occupation : working as Tutor Arunachal State Nursing College TRIHMS Naharlagun.
38: Smti Minam Pajing Age: Occupation : working as Tutor Govt ANM School HTRC Pasighat VERSUS
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The State of AP and 4 Ors represented by the Commissioner (Health and Family Welfare) Department, Govt of Arunachal Pradesh, Itanagar. 2:The Secretary Age: 0 Occupation : Health and Family Welfare Department Govt of Arunachal Pradesh Itanagar. 3:The Director of Health Services Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 4:The Director of Medial Education (T and R) Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 5:The Deputy Director (Nursing) Age: 0 Occupation : Govt of Arunachal Pradesh Naharlagun
Advocate for the Petitioner : Nikita Danggen, Oken Duggong,Atong Nangu,Phurpa Wangmu,Honi Tana Tara,Kirpi Nyorak,Nani Kuru
Advocate for the Respondent : Taba Tagum, SC(Health)
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
16.03.2026
Heard Ms. N. Danggen, learned counsel for the petitioner and Mr. T. Tagum, learned Standing Counsel, Health Department, representing all the respondents.
2. In this petition, under Article 226 of the Constitution of India of the Constitution of India, the petitioner has prayed for issuing direction to the
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respondent authorities for being appointed/absorbed as Tutor, in terms of Rule 4 of The General Arunachal Service, “Tutor” Group-A (Non Ministerial) Gazette Recruitment Rules, 2024; and also to direct the respondent No. 1 to dispose of the representations, dated 18.02.2026; 25.11.2024 and 13.11.2024, in accordance with law.
3. Ms. Danggen, learned counsel for the petitioner submits that 38 Nos. of petitioners have been serving as Nursing Officers (NO) and Regular Senior Nursing Officers (SNO), and they are assigned as Tutors, in 7 (seven) Nursing Institutes, under the Government of Arunachal Pradesh, across the State. They were appointed as ‘assigned Tutors’, when there was a lack of teaching faculty and their services was critically required. During the year 2018, various posts of faculty of those nursing schools, including the Tutors, Principals and VicePrincipals, were sanctioned and the petitioners, consequently, continued in their respective posts.
Thereafter, in the years 2017 and 2019, the petitioners had submitted several representations to the respondent authorities, to absorb them in their respective posts, and also prayed for framing the Recruitment Rules for the Tutors; but, the same had failed to evoke any response.
Subsequently, on 19.09.2024, The General Arunachal Service, “Tutor” Group-A (Non-Ministerial) gazette Recruitment Rules, 2024, was framed and Clause 4 of the said rules provides for Initial Constitution as under –
“ (i) The personnel holding the post specified in column 2 on long term basis, before the commencement of these rules, shall be deemed to have been appointed in accordance with the provisions of these rules.
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(ii) The regular continuous service personnel holding the post at the commencement of these rules shall count for the purpose of probationary period, qualifying service for promotion and pension.”
They, basing their claim on the aforementioned Clause 4 of the said Rules, the petitioners had submitted their representations to the Director Medical Education (T&R), Government of Arunachal Pradesh, on 13/11/2024 and 25/11/2024; for being appointed as regular Nurses (assigned Tutors) to the post of Tutors, but the same also failed to evoke any response.
Thereafter, the respondent authorities had put on hold the Recruitment Rules, 2024, which was notified on 19.09.2024; and thereafter, the petitioners had submitted one representation on 18.02.2026, but the same is yet to be disposed of by the respondent authorities.
3.1 Ms. Danggen, also submits that the petitioners have not been appointed as Tutors, despite serving as Regular ‘assigned Tutors’ for a long decade and hence, a prima-facie case as well as the balance of convenience are in their favour; and she further submits that she came to know that the respondent authorities are in the process of amending the Recruitment Rules, 2024; by doing away with the Clause No. 4 and in that event, the petitioners will suffer irreparable loss and under such circumstances, the petitioners have approached this Court, by filing the present petition; seeking the reliefs as aforesaid.
4. Mr. Tagum, learned counsel for all the respondents, on the other hand submits that the Recruitment Rules, 2024, is kept on hold and as such, the
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petitioner cannot claim any benefit from the said Rules. He also submits that that this writ petition is pre-mature and at best, it can be disposed of by directing the respondent authorities to dispose of the representation filed by the petitioners herein, on 18.02.2026.
5. Ms. Danggen submits that she has no objection if this writ petition is dispose of at its motion stage itself, by directing the respondent authorities to dispose of the representation filed by the petitioners, on 18.02.2026; by a speaking order.
6. Accordingly, taking note of the submissions of the learned counsel for both the parties and also, considering the facts and circumstances on the record and without commenting on the merit of the petition, this Court is inclined to dispose of this petition, by directing the respondent authorities to dispose of the representation filed by the petitioners on 18.02.2026, by a speaking order; within a period of 30 days from today.
7. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities, within a period of 1 (one) week from today.
8. The parties have to bear their own costs.
JUDGE
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Comparing Assistant
1 issue framed by the court
Whether the respondent authorities must consider the petitioners' representations for absorption as Tutors under Rule 4 of the Tutor Recruitment Rules, 2024.
2 provisions across 2 enactments
Smti Natel Jamoh and 37 Ors
The State of AP and 4 Ors (Commissioner, Health and Family Welfare Department)
The Secretary, Health and Family Welfare Department
The Director of Health Services
The Director of Medical Education (T and R)
The Deputy Director (Nursing)
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
