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2026 Supreme(Online)(Gau) 14604

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)


2026:GAU-AS:5759


Case No. : WP(C)/2211/2026



PARAG KUMAR BORAH AND 7 ORS


1: S/O- MONI KANTA BORAH, ADDRESS- VILL.- BHERBHERI BAKULTAL, P.O.


HALUWAGAON, P.S. SAMAGURI, DIST. NAGAON, PIN- 782141.


2: JIYAUR RAHMAN


C/O- NABIR UDDIN


ADDRESS- VILL.- SHIMLABARI PART-1


P.O. RANGAPANI


P.S. MERERCHAR


DIST. BONGAIGAON


ASSAM


PIN- 783384.


3: DIBYA JYOTI DOLOI


C/O- MRS CHARU DOLOI


ADDRESS- VILL.- DHEMAJI GAON


P.O. NIZ NARIKALI


P.S. KAMPUR


DIST. NAGAON


PIN- 782426.


4: BHARGAV BORA


S/O- NIPUL CH. BORA


ADDRESS- VILL.- KALONGPAR HALOWAGAON


P.O. KALONGPAR HALOWAGAON


P.S. RUPAHI HAT


DIST. NAGAON


ASSAM


PIN- 782141.


5: BIKI BORAH


S/O- HAREN BORAH


ADDRESS- VILL.- MAJ POTANI


P.O. POTANI GUMUTHA GAON


P.S. NAGAON SADAR


PIN- 782102.


6: SONMONI BORUAH


C/O- LATE PRAFULLA BORUAH


ADDRESS- VILL.- PADUMONI KHAT GAON


P.O. BAHADUR CHUCK


P.S. NORTH LAKHIMPUR


DIST. LAKHIMPUR


PIN- 787031.


7: TUKSHESWAR BORDOLOI


S/O- LATE BHULARAM BORDOLOI


ADDRESS- VILL.- NIBUKALI (KONDOLI)


P.O. NIBUKALI


DIST. NAGAON


PIN- 782102.


8: RAJ HUSSAIN


C/O- MUJIBUL HUSSAIN


ADDRESS- VILL.- ITACHALI


DIST. NAGAON


PIN- 782003


VERSUS


THE STATE OF ASSAM AND 4 ORS


1: REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF ASSAM,


ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM-781006.


2: THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM


REVENUE AND DISASTER MANAGEMENT DEPARTMENT


C-BLOCK


THIRD FLOOR


ASSAM SECRETARIAT


DISPUR


GUWAHATI


ASSAM-781006.


3: THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM


REVENUE AND DISASTER MANAGEMENT DEPARTMENTR


C-BLOCK


THIRD FLOOR


ASSAM SECRETARIAT


DISPUR


GUWAHATI


ASSAM-781006.


4: THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC.


ASSAM


RUPNAGAR


GUWAHATI


ASSAM


PIN- 781032.


5: THE PRINCIPAL SECRETARY


DIMA HASAO AUTONOMOUS COUNCIL (DHAC)


SECRETARIAT


HAFLONG


DIST. DIMA HASAO


ASSAM


PIN- 788819



Advocate for the Petitioner : MR D MAHANTA, MR T GOGOI


Advocate for the Respondent : GA, ASSAM, SC, DIMA HASAO, SC, REVENUE


For the Petitioner(s) : Mr. D. Mahanta, Counsel


For the Respondent(s) : Mr. R. Borpujari, SC, Revenue


Ms. P. Chakraborty, SC, Dima Hasao



BEFORE


HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR


HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY


27-04-2026

ORDER

(A. D. Choudhury, J)

1. We have heard Mr. D. Mahanta, learned counsel appearing for the petitioners. Also heard Mr. R. Borpujari, learned Standing counsel, representing the Revenue Department, Assam and Ms. P. Chakraborty, learned Standing counsel, representing the Dima Hasao Autonomous Council for the respondents.

2. The petitioners, all of whom have undergone the Recorders’ Certificate Class Course (hereinafter referred to as “RCCC”) training from the Assam Survey and Settlement Training Centre of the Government of Assam, under the Revenue and Disaster Management Department in various sessions from 2017 to 2024, have questioned the validity of Rule 5(1A) of the Assam Land Records Subordinate Service (Amendment) Rules, 2025, which amends the Assam Land Records Subordinate Service Rules, 2023 (hereinafter referred to as the “Rules of 2023”), thereby allowing only pre-trained RCCC candidates to appear for recruitment to the entry level post of Land Records Assistant (equivalent to Lot Mandal), as a one-time measure, but explicitly excluding the candidates nominated by Territorial and Autonomous Council areas, like, Bodoland Territorial Autonomous Council, N.C. Hills Autonomous Council, etc., on the ground of the same being arbitrary and violative of the fundamental rights of the petitioners and that the amendment, in effect, causes discrimination based on residence or places of birth, despite some of them being non-tribals and not claiming any tribal priority rights.

3. Similar challenge was made in WP(C) No. 143/2026 and other connected writ petitions. This Court under its judgment and order dated 23.04.2026 in the aforesaid writ petitions, held that the impugned amendment in the Rules of 2023, introducing classification of RCCC trained nominees of the Autonomous Councils from being considered for one-time adjustments does not muster the constitutionality required for its validation.

4. Accordingly, the challenge was allowed by striking down the Amendment Rule to that extent as unconstitutional and violative of the fundamental rights of the petitioners under Article 14 & Article 16 of the Constitution of India.

5. The exclusionary part in the Advertisement No. DLR-11013(21)/50/2025/130 dated 14.03.2026 was also struck down as constitutionally invalid.

6. Accordingly, with the aforesaid declaration, it was directed that the petitioners, if otherwise eligible, would be required to be allowed to participate in the selection process against the aforenoted advertisement for their selection in Government jobs.

7. Parties are in ad idem that the aforesaid judgment and order dated 23.04.2026, shall also cover the case of the present petitioners.

8. In view of the aforesaid consensus and taking note of the facts pleaded before us, we dispose of the present writ petition in terms of the determination made by this Court under its judgment and order dated 23.04.2026, passed in WP(C) No. 143/2026 and other writ petitions.

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