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2026 Supreme(Online)(Gau) 14605

THE GAUHATI HIGH COURT

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


Case No. : WP(C)/2212/2026



BHANU SHARMA AND 11 ORS


1: BHANU SHARMA


SO DADHI RAM SHARMA, R/O LINK ROAD, LANKA WARD NO 2, P.S.


LANKA, DIST. HOJAI, ASSAM, PIN 782446


2: SHAH NAWAZ HUSSAIN


S/O MUSHAHID ALI


RO SANI BAZAR ROAD


MORIMUSLIM GAON


MORIGAON


P.O. MORIGAON


PIN 782105


DIST. MORIGAON


ASSAM


3: HEMANDRA SAIKIA


S/O SASHI KANTA SAIKIA


R/O NEAR DAKSHINPAT CHARIALI


BALI GAON


P.S. NAGAON SADAR


DIST NAGAON


ASSAM


PIN 782144


4: TAIBUR ALI


S/O KISMAT ALI


R/O KAJIPARA PT-1


DIST. DHUBRI


ASSAM


PIN 783371


5: SHEIKH SAYED ANUWAR HUSSAIN


S/O MUZIT ALI SHEIKH


R/O KAZIPARA PT-1


DIST. DHUBRI


ASSAM


PIN 783371


6: JAHANGIR HUSSAIN


S/O HASEN ALI


SUB DIST. BOITAMARI


P.O. KAYETPARA


DIST. BONGAIGAON


ASSAM


PIN 783389


7: BUBUL ALI


C/O TASIR ALI


MEDA


MEDA GAON


DIST BARPETA


ASSAM


PIN 781317


8: FARUK AHMED


S/O ABDUL SALAMCHAK CHAKA BAZAR


P.O. SARBHOG


SUB DIST. BARNAGAR


DIST. BARPETA


PIN 781317


9: MIRAJUL SHEIKH


C/O JOBAN ALI


505


GHUNIMARI CHAPRA


KAZIPARA PT-1


DIST DHUBRI


PIN 783371


10: WAHIDUR RAHMAN


C/O SAIFOR ALI RAHMAN


PAIKAN PT-II


DIST GOALPARA


PIN 783126


11: WAHIDUR AMMED


C/O KOHINOOR AHMED


R/O VILL PACHAGAON PT- 2


DIST. BONGAIGAON


PIN 783372


12: REJANUZ ZAMAN


S/O ABDUL LATIF AHMED


230


114 NANKARGAON


DANGTOL


BASUGAON


DIST BONGAIGAON


PIN 78337


VERSUS


THE STATE OF ASSAM AND 6 ORS


1: REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT


OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,


ASSAM, DISPUR, GHY, PIN 781032


2: DIRECTOR OF LAND RECORD AND SURVEYS


ETC


ASSAM


RUPNAGAR


GHY


PIN 781032


3: THE PRINCIPAL


ASSAM SURVEY AND SETTLEMENT TRAINING CENTRE


RAJAH NAGAR


DAKHIN GAON


GHY


PIN 781040


4: THE SECRETARY IN CHARGE


REVENUE


NORTH CACHAR HILLS


AUTONOMOUS COUNCIL


HAFLONG


SETTLEMENT AND REVENUE DEPARTMENT


PIN 788819


5: THE BODOLAND AND TERRITORIAL COUNCIL


REPRESENTED BY THE PRINCIPAL SECRETARY


BODOLAND TERRITORIAL COUNCIL


BODO FANWGWR


KOKRAJHAR


PIN 783370


6: THE JOINT SECRETARY (REVENUE)


BODOLAND TERRITORIAL COUNCIL


BODO FANWGWR


KOKRAJHAR


PIN 783370


7: SECRETARY


NORTH CACHAR HILLS


AUTONOMOUS COUNCIL


HAFLONG


PIN 78881



Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA


Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, SC, BTC


For the Petitioner(s) : Mr. M. Saikia, Counsel


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


Ms. B. Bora, SC, BTC



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. M. Saikia, learned counsel appearing for the petitioners. Also heard Mr. R. Borpujari, learned Standing counsel, representing the Revenue Department, Assam and Ms. B. Bora, learned Standing counsel, representing the BTC 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 connected writ petitions.

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