Gauhati High Court
WP(C)/2211/2026 of PARAG KUMAR BORAH AND 7 ORS Vs THE STATE OF ASSAM AND 4 ORS on 26 April 2026
GAHC010078792026 2026:GAU-AS:5759 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2211/2026 PARAG KUMAR BORAH AND 7 ORS S/O- MONI KANTA BORAH, ADDRESS- VILL.- BHERBHERI BAKULTAL, P.O. HALUWAGAON, P.S. SAMAGURI, DIST. NAGAON, PIN- 782141. 2:
GAHC010078792026
2026:GAU-AS:5759
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2211/2026
PARAG KUMAR BORAH AND 7 ORS
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
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
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
27-04-2026 (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.
JUDGE CHIEF JUSTICE Comparing Assistant