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Tarun Pathak Vs the State of Assam and 6 Ors. — Gauhati HC (2025) — LawSathi Research

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Gauhati HC
2025
Tarun Pathak Vs the State of Assam and 6 Ors.Tarun Pathak v. the State of Assam and 6 Ors.

Dismissed¶30

Tarun Pathak v. the State of Assam and 6 Ors.

Gauhati HC4 Sept 2025WP(C)/5173/2025

Case brief

AI extract

What is this about?

Locus standi; maintainability of writ petition; dismissal without adjudication of merits; Model Anganwadi Centre; Anganwadi Level Construction Committee; 73 No. Boiragi Anganwadi Centre; 37 No. Boiragi Lower Primary School; school kitchen construction; CDPO Bajali; Bor Boiragi Gaon; petitioner Tarun Pathak; respondents incl. State of Assam, Director of Women and Child Development, District Commissioner Bajali, BDO Bajali, Block Elementary Education Officer, CDPO, Head Master; advocates S J Sarmah, R Das, H Sharma (Addl. Sr. Government Advocate), S Konwar (Standing Counsel, Education Department); Gauhati High Court; Justice Sanjay Kumar Medhi; order dated 05.09.2025; WP(C)/5173/2025.

What did the court decide?

Without even going to the grounds of challenge, the locus of the petitioner to institute the present challenge would be a stumbling block to maintaining the writ petition.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner has the locus standi to institute and maintain the present writ petition challenging the construction decision. +1 more

Court's answer

Without even going to the grounds of challenge, the locus of the petitioner to institute the present challenge would be a stumbling block to maintaining the writ petition.

Ratio / Principle

There is no material on record to show that any rights of the petitioner have been infringed by the action involved.

Key takeaways

The dismissal rests only on the ground of the petitioner's locus; no opinion has been expressed on the inter se merits of the case.obiter¶31

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Sanjay Kumar Medhi), Order dated 05.09.2025 in WP(C)/5173/2025 — Tarun Pathak v. The State of Assam and 6 Ors.: Writ petition challenging the decision of respondent no.7 (Head Master, 37 No. Boiragi Lower Primary School), taken without consultation of the School's Managing Committee, to construct the new sanctioned kitchen of the Boiragi LP School in front of the 73 No. Boiragi Anganwadi Centre, DISMISSED solely on the ground of the petitioner's lack of locus standi — no material on record showed infringement of any right of the petitioner; no opinion expressed on the inter se merits of the case.

A

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

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner has the locus standi to institute and maintain the present writ petition challenging the construction decision.¶27
The court held
Without even going to the grounds of challenge, the locus of the petitioner to institute the present challenge would be a stumbling block to maintaining the writ petition.ratio¶29
2.
Whether the decision of respondent no.7 to construct the new sanctioned kitchen in front of the 73 No. Boiragi Anganwadi Centre, without consultation of the School's Managing Committee, is against public interest and damaging to the school's infrastructure and healthy environment (not adjudicated; petition dismissed on locus alone).medium confidence¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Decision of respondent no.7 (Head Master, 37 No. Boiragi Lower Primary School), taken without consultation of the School's Managing Committee, to construct the new sanctioned kitchen of the Boiragi LP School in front of the 73 No. Boiragi Anganwadi Centre.¶24
Prior proceeding
Villagers of Bor Boiragi Gaon 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 attached to the 37 No. Boiragi Lower Primary School.¶24
Prior proceeding
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.¶24
Prior proceeding
In the said list, the concerned Centre was placed against Sl. No. 16.¶24

Parties & counsel

AI extract

petitioner
TARUN PATHAK¶6
S J Sarmah, R Das
respondent
THE STATE OF ASSAM¶10
H Sharma (Sr.)
respondent
THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT ASSAM¶11
respondent
THE DISTRICT COMMISSIONER BAJALI¶12
respondent
THE BLOCK DEVELOPMENT OFFICER BAJALI¶13
respondent
THE BLOCK ELEMENTARY EDUCATION OFFICER¶14
S Konwar
respondent
THE CHILD DEVELOPMENT PROJECT OFFICER (CDPO) BAJALI ICDS¶16
respondent
THE HEAD MASTER 37 NO. BOIRAGI LOWER PRIMARY SCHOOL¶17

Coram

AI extract

SANJAY KUMAR MEDHIauthor¶20

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 4 Sept 2025 · September
Registered: 3 Sept 2025
Case no.: WP(C)/5173/2025
CNR: GAHC010162542025
Bench: Sanjay Kumar Medhi
Disposal: Dismissed
Case type: WP(C)

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Cite this judgement

Tarun Pathak v. the State of Assam and 6 Ors., WP(C)/5173/2025 (GAU), decided on 4 September 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history4

Decision of respondent no.7 (Head Master, 37 No. Boiragi Lower Primary School), taken without consultation of the School's Managing Committee, to construct the new sanctioned kitchen of the Boiragi LP School in front of the 73 No. Boiragi Anganwadi Centre.
Villagers of Bor Boiragi Gaon 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 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.

View full history

Bench / Coram

SANJAY KUMAR MEDHI

Parties & counsel