Gauhati High Court
WP(C)/2236/2026 of UJJWAL GOGOI AND 3 ORS Vs THE STATE OF ASSAM AND 4 ORS on 27 April 2026
GAHC010081172026 2026:GAU-AS:5847- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2236/2026 UJJWAL GOGOI AND 3 ORS S/O- LATE DULEN GOGOI, VILLAGE 2 NO. BHARALI CHUCK, P.O. AND DIST. DHEMAJI, ASSAM, PIN- 787057. 2: NABA JYOTI HAZARIKA
GAHC010081172026
2026:GAU-AS:5847-
DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2236/2026
UJJWAL GOGOI AND 3 ORS
S/O- LATE DULEN GOGOI, VILLAGE 2 NO. BHARALI CHUCK, P.O. AND
DIST. DHEMAJI, ASSAM, PIN- 787057.
2: NABA JYOTI HAZARIKA
S/O- LATE PREMA KANTA HAZARIKA
VILL.- CHARAIHAGI
P.O. GHILANI
P.S. KAMPUR
DIST. NAGAON
ASSAM
PIN- 782426.
3: AMAR JYOTI BARUAH
S/O- BHADRESWAR BARUAH
VILL.- CHARAIHAGI
P.O. GHILANI
P.S. KAMPUR
DIST. NAGAON
ASSAM
PIN- 782426.
4: ABHINANDAN KAKATI
S/O- KHITESWAR KAKATI
VILL.- GHILANI
P.O. GHILANI
P.S. KAMPUR
DIST.- NAGAON
ASSAM
PIN- 782426
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-781006.
3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-781006.
4:THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC
ASSAM
RUPNAGAR
GUWAHATI
ASSAM-781032.
5:THE ASSAM SURVEY AND SETTLEMENT TRAINING CENTRE
RAJAHNAGAR
DAKHINGAON
GUWAHATI
ASSAM-781040
REPRESENTED BY THE PRINCIPAL.
6:THE SECRETARY IN-CHARGE REVENUE NORTH CACHAR HILLS
AUTONOMOUS COUNCIL
SETTLEMENT AND REVENUE DEPARTMENT
HAFLONG
DIMA HASAO
ASSAM
PIN- 788819
Advocate for the Petitioner : MR. A K BARUAH, MR. N MAHAJAN,MR. R A PRAMANIK,MR.
H NATH
Advocate for the Respondent : GA, ASSAM, SC, N C HILLS,SC, REVENUE AND DISASTER
MANAGEMENT DEPT
BEFORE
HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
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ORDER
28-04-2026 (A. D. Choudhury, J)
1. We have heard Mr. A.K.Baruah, learned counsel appearing for the petitioners. Also heard Mr. D. Thaosen, learned Standing counsel, representing the Dima Hasao and Mr. D. Kalita, learned counsel 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.
JUDGE CHIEF JUSTICE
Comparing Assistant