Page No.# 1/3 GAHC010162542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5173/2025 TARUN PATHAK S/O LATE PABARBANANDA PATHAK, A R/O VILL- BAR BAIRAGI, BAJALI, P.O. AND P.S.- PATACHARKUCHI, DIST- BAJALI, ASSAM-781326, INDIA VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT ASSAM UZANBAZAR GUWAHATI-01 3:THE DISTRICT COMMISSIONER BAJALI MADAN RAUTA NAGAR PATHSALA ASSAM 4:THE BLOCK DEVELOPMENT OFFICER BAJALI PATHSALA BAJALI ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER PATHSALA BAJALI Page No.# 2/3 6:THE CHILD DEVELOPMENT PROJECT OFFICER (CDPO) BAJALI ICDS PATHSALA ASSAM 7:THE HEAD MASTER 37 NO. BOIRAGI LOWER PRIMARY SCHOOL BOR BOIRAGI BAJAL Advocate for the Petitioner : MR. S J SARMAH, MR R DAS Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 05.09.2025 Heard Shri SJ Sarmah, learned counsel for the petitioner. Also heard Shri H Sharma, learned Addl. Sr. Government Advocate, Assam as well as Ms. S Konwar, learned Standing Counsel, Education Department, Assam for the respondent no.5. The petitioner claims to be a local resident and a social worker of Bor Boiragi Gaon. The villagers of the said gaon/village had submitted a representation to the Child Development Project Officer, Bajali for establishment of a Model Anganwadi Centre in place of the old 73 No. Anganwadi Centre which is attached to the 37 No. Boiragi Lower Primary School. The said request was acceded to and a notification was issued for establishment of an Anganwadi Level Construction Committee for construction of the Model Anganwadi Centre. In the said list, the concerned Centre was against the Sl. No. 16. However, the respondent no. 7, who is the Head Master of the School without consultation of the School’s Managing Committee, decided to construct the new sanctioned kitchen of the Boiragi LP School in front of the 73 No. Boiragi Anganwadi Centre. It is the contention of the petitioner that the aforesaid decision would not be in the interest of public and would also damage the Page No.# 3/3 infrastructure and healthy environment of the School. Shri Sharma, the learned State Counsel has, however raised the issue of locus of the petitioner in making the present challenge. He has submitted that the petitioner cannot raise the said grievance as none of his rights have been infringed by any action. The learned State Counsel has also defended the action of the respondents by submitting that the decision of construction of the new sanctioned kitchen has been taken in the greater interest of the public. The aforesaid submission of the learned State Counsel has been endorsed by Ms. Konwar, learned Standing Counsel, Education Department. After consideration of the facts and circumstances and the submissions advanced, this Court is of the view that without even going to the grounds of challenge, the locus of the petitioner to institute the present challenge would be a stumbling block to maintain the present writ petition. There is no material on record to show that any rights of the petitioners have been infringed by the action involved. In view of the above, the writ petition is dismissed. It is, however observed that the dismissal is only on the ground of locus of the petitioner and no opinion has been expressed on the inter se merits of the case. JUDGE Comparing Assistant