Page No.# 1/4 GAHC010062052025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1705/2025 RAJAT ROY SON OF RANADHIR ROY, A RESIDENT OF PADMARPAR, GIRISHGANJ BAZAR, NATHUPUR PT-1, SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, GUWAHATI- 781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI ASSAM PIN- 781019. 3:ADDITIONAL DISTRICT COMMISSIONER (EDU.) SRIBHUMI ASSAM. 4:DISTRICT ELEMENTARY EDUCATION OFFICER SRIBHUMI ASSAM. 5:BLOCK ELEMENTARY OFFICER SOUTH KARIMGANJ SRIBHUMI ASSAM. 6:DEBBRATA BHATTACHARJEE HEAD TEACHER 517 NO. PADMARPAR SRI RAM KRISHNA LP SCHOOL PADMARPAR P.O.- GIRISHGANJ BAZAR DIST.- SRIBHUMI ASSAM. 7:SIKHA RANI ROY AT 517 NO. PADMARPAR SRI RAM KRISHNA LP SCHOOL PADMARPAR P.O.- GIRISHGANJ BAZAR DIST.- SRIBHUMI ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. A S TAPADER, MR. H A LASKAR,MR M AHMED,MR. S B LASKAR Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 26.03.2025 Heard Mr. A. S. Tapader, learned counsel for the petitioner, who submits that this writ petition may be disposed of by directing the respondent authorities to decide the petitioner’s representation dated 03.03.2025. 2. The petitioner’s prayer portion of the writ petition states as follows:- “In the premises aforesaid, it is humbly prayed that Your Lordship may be pleased to admit the petition, call for records, issue Rule, issue notice calling upon the respondents to show cause as to why a writ in the nature of Mandamus be not issued directing the respondent authorities to decide the representation dated 03/03/2025 March. and or why a writ in the nature of Mandamus be not issued directing the respondent authorities to initiate a formal departmental proceedings/ enquiry against his actions that are considered misconduct and inappropriate based on allegations of misconduct, violation of rules, or other serious concerns affecting the well-being of students and the institution, and upon cause/causes shown and after hearing the parties, Your Lordship may be pleased to allow the writ petition and/or pass such further order/orders as Your Lordship may deem fit and proper. and upon cause/causes shown and after hearing the parties, Your Lordship may be pleased to direct the respondent authorities to transfer Sri Debabrata Bhattacharjee to any other school as in line with the recommendation by the BEEO, South Karimganj. Page No.# 3/4 and in the interim, the operation of the order dated 01/03/2025 may be kept in abeyance.” 3. As can be seen from the above prayer, the petitioner has prayed for an interim order to keep the operation of the order dated 01.03.2025, issued by the District Elementary Education Officer, Sribhumi in abeyance. 4. The order dated 01.03.2025, issued by the District Elementary Education Officer, Sribhumi states as follows:- “ORDER On the basis of the enquiry done by the undersigned and for smooth and fair implementation of MDM and other development activities and considering the interest of school-going children, Debabrata Bhallacharjee, Sr. Most AT is hereby allowed to act as In-Charge H.T cum Member Secretary of SMC of 517 No Padmarpar Sri Ram Krishna LP School under BEEO, South Sribhumi with immediate effect and Simultaneously Smti Sikha Rani Roy AT of the said school who was allowed to act as in Charge HT Cum Member Secretary of SMC of the school vide this office order issued under Memo Na. K-DEO/2024. 25/Misc/589-93 dated 29/05/2024 is relieved from the charge of HT cum Member Secretary of SMC of the School. Smt. Sikha Rani Roy is directed to hand over the charges of HT cum Member Secretary of SMC of the School to Sri Debebarata Bhattacharjee immediately. Sri Debebarata Bhattacharjee is allowed to operate the Bank account jointly with the SMC President This order is made purely on a temporary basis and cancellable at any time without assigning any reason.” 5. On perusing the order dated 01.03.2025, issued by the District Elementary Education Officer, Sribhumi, this Court is unable to understand as to how the above said order violates any fundamental and legal right of the petitioner, when the same does not in any manner pertain to any action of the petitioner herein. In fact, the petitioner’s name is not even mentioned in the said order dated 01.03.2025. Further, a writ petition cannot be filed for transferring Page No.# 4/4 another person. 6. In the case of Ayaaubkhan Noorkhan Pathan vs. State of Maharashtra and Others, reported in (2013) 4 SCC 465, the Supreme Court has held that only those persons, whose enforceable rights have been violated, can approach a Writ Court under Article 226 of the Constitution for enforcement of their rights. 7. Mr. B. Kaushik, learned counsel for the Elementary Education Department also submits that there is nothing to show in the writ petition that any legal or fundamental right of the petitioner has been violated by the respondents and as such, the writ petition is not maintainable, as the petitioner is not an aggrieved person. 8. On considering the contents of the writ petition and the fact that there is nothing to show that any legal or fundamental right of the petitioner has been violated, this Court is of the view that the writ petition is not maintainable, as the petitioner cannot be said to be an aggrieved person and as such, does not have the locus standi to file this writ petition. The writ petition is accordingly dismissed. JUDGE Comparing Assistant