Page No.# 1/6 GAHC010080152026 2026:GAU-AS:5760- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2212/2026 BHANU SHARMA AND 11 ORS 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 Page No.# 2/6 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 Page No.# 3/6 S/O ABDUL LATIF AHMED 230 114 NANKARGAON DANGTOL BASUGAON DIST BONGAIGAON PIN 78337 VERSUS THE STATE OF ASSAM AND 6 ORS 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 Page No.# 4/6 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 ORDER 27-04-2026 (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 Page No.# 5/6 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 Page No.# 6/6 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. JUDGE CHIEF JUSTICE Comparing Assistant