SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Gau) 1047

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) 
KARDAK ETE, J.
Raja Karanchat Basumatary And Ors - Appellants 
Versus
The State Of Assam And Ors - Respondent 
WP(C) 2785 of 2024
Decided On : 16-05-2025

Advocates Appeared:
For the Appellant : MR. M SARANIA, MR R.BEZBARUAH, MR. P P GOGOI,MR A SARANIA
For the Respondent: SC, REVENUE, J U AHMED, MR S.A. REEYAZ, MR. S I TALUKDAR, MR. A R SIKDAR, SC, BTC

The court emphasized adherence to lawful, transparent selection procedures for training candidates as mandated by the Assam Survey and Settlement Training Centre Rules, 1991.

Headnote:(A) Assam Survey and Settlement Training Centre Rules, 1991 - Certification of candidates for RCCC training - Challenge raised against the legality of selection process for RCCC training, asserting the petitioners' approved selection was undermined by a later selection process lacking proper authorization - The petitioners claimed lawful approval for training; however, their selection was deemed non-compliant with statutory procedures, contrasting with the transparent selection of private respondents. (Paras 2-22)

(B) Educational Qualifications - Selection criteria outlined in applicable rules emphasize transparency and adherence to procedural guidelines for training appointments - The court emphasized the necessity for due process and lawful selection by the competent authority in training admissions under relevant regulations. (Paras 14-19)

(C) Writ Petition - Dismissal on grounds of non-compliance with the provisions outlined in the Assam Survey and Settlement Training Centre Rules, 1991, with clear adherence to the due process for private respondents' selection established. (Paras 22-23)

Facts of the case:
Petitioners sought to challenge the later selection of 150 candidates for RCCC training on the basis that their prior selection was unlawfully disregarded, raising allegations of illegality concerning the procedural approval from state authorities.

Findings of Court:
The court determined that the selection of the private respondents was valid under prescribed rules, whilst the petitioners’ claims failed to demonstrate compliance with necessary legal requirements.

Issues: The main questions included whether the petitioners’ selection complied with training admission rules and whether the private respondents were validly selected under due process.

Ratio Decidendi: The court found the selection process of the petitioners did not adhere to required procedures per the Assam Survey and Settlement Training Centre Rules, 1991, allowing the valid selection of private respondents to stand.

Result: The writ petition stands dismissed.

Table of Content
1. challenge to notification on training selection. (Para 2 , 3 , 4)
2. selection rules and mandatory approvals. (Para 5 , 6)
3. competency of selection authority. (Para 7 , 8 , 9)
4. adherence to open selection process. (Para 10 , 11)
5. submission of approvals for training. (Para 12 , 13 , 14)
6. regulatory framework for training selection. (Para 15 , 16 , 19)
7. validity of selections made under rules. (Para 17 , 18)
8. relevance of prior court directives. (Para 20 , 21)
9. writ petition dismissal and no costs. (Para 22 , 23)

JUDGMENT :

KARDAK ETE, J.

Heard Mr. M. Sarania, learned counsel for the petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue as well as Ms. R.B. Bora, learned Standing Counsel, BTC and Mr. A.R. Sikdar, learned counsel for the respondents No. 7 to 156.

2. By filing this writ petition, the petitioners have challenged the notification dated 12.01.2024 issued by the Director of Land Records & Surveys, BTC, Kokrajhar, whereby, as many as 150 (One Hundred and Fifty) candidates have been selected for six months Recorders Certificate Class Course Training (herein after referred to as RCCC training in short) at Assam Survey & Settlement Training Centre, Dakhingaon, Guwahati, pursuant to an advertisement dated 31.05.2023, on the ground that the same has been selected without approval of the State respondents. The petitioners have also prayed for a direction to allow the petitioners to undergo RCCC Training on the strength of selection vide dated 28.03.2023 by the Bodoland Territorial Council (BTC in short) as approved by the State Government vide approval letter dated 05.09.2023.

3. The petitioners claims to be the aspirants for the post of Lot Mondal and on due selection, the Secretary to the BTC vide letter dated 28.03.2023 has approved their names consisting of 219 candidates for six months RCCC training at Assam Survey & Settlement Training Centre, Dakhingaon, Guwahati. The scheduled for RCCC training was prepared and approved for the petitioners to be commenced w.e.f. 17.01.2024 to 16.07.2024. Accordingly, the petitioners being approved candidates had gone to the office of the respondent no.4 i.e. The Principal, Assam Survey & Settlement Training, Rajah Nagar, Dakhingaon, Guwahati for joining the 6 (six) months RCCC training on 17.01.2024 with the necessary documents. However, the respondent no.4 has not accepted and allowed the petitioners to join, who are in the select list of 219 approved candidates.

4. It is the contention of the petitioner that vide impugned notification dated 12.01.2024 as many as 150 candidates have selected the private respondent nos. 7 to 156 illegally and without the approved of the Govt. have been admitted for RCCC Training without there being formally forwarded by BTC and approved by the State authorities. It is contented that for RCCC training the approval of the State Government is mandatory. The selection of private respondents has not been approved by the State authorities, whereas, the selection of the petitioners have been duly approved by all the concerned authorities. Being aggrieved of not allowing the petitioners to join for 6(six) months RCCC training, the petitioners have filed representation on 17.01.2024 and 18.01.2024 before the Principal, Assam Survey & Settlement Training, Rajah Nagar, Dakhingaon, Guwahati and the Principal Secretary to the Govt. of Assam, Revenue and Disaster Management. However, the respondent authorities have not considered the same.

5. Mr. M. Sarania, learned counsel for the petitioner while referring to the provisions of the Assam Survey and Settlement Training Centre, Rule 1991, particularly, NOTE-I of Rule 23, wherein, it is provided that the candidates/ deputed by other States, District Councils, public and private undertaking/enterprise bodies and private individuals seeking admission as private students and the Uncertified Recorders working against permanent vacancies and recommended by the Deputy Commissioner for

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top