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2025 DIGILAW 797 (GAU)

Raja Karanchat Basumatary v. State Of Assam

2025-05-16

KARDAK ETE

body2025
JUDGMENT : KARDAK ETE, J. Heard Mr. M. Sarania, learned counsel for the petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue as well as Ms. R.B. Bora, learned Standing Counsel, BTC and Mr. A.R. Sikdar, learned counsel for the respondents No. 7 to 156. 2. By filing this writ petition, the petitioners have challenged the notification dated 12.01.2024 issued by the Director of Land Records & Surveys, BTC, Kokrajhar, whereby, as many as 150 (One Hundred and Fifty) candidates have been selected for six months Recorders Certificate Class Course Training (herein after referred to as RCCC training in short) at Assam Survey & Settlement Training Centre, Dakhingaon, Guwahati, pursuant to an advertisement dated 31.05.2023, on the ground that the same has been selected without approval of the State respondents. The petitioners have also prayed for a direction to allow the petitioners to undergo RCCC Training on the strength of selection vide dated 28.03.2023 by the Bodoland Territorial Council (BTC in short) as approved by the State Government vide approval letter dated 05.09.2023. 3. The petitioners claims to be the aspirants for the post of Lot Mondal and on due selection, the Secretary to the BTC vide letter dated 28.03.2023 has approved their names consisting of 219 candidates for six months RCCC training at Assam Survey & Settlement Training Centre, Dakhingaon, Guwahati. The scheduled for RCCC training was prepared and approved for the petitioners to be commenced w.e.f. 17.01.2024 to 16.07.2024. Accordingly, the petitioners being approved candidates had gone to the office of the respondent no.4 i.e. The Principal, Assam Survey & Settlement Training, Rajah Nagar, Dakhingaon, Guwahati for joining the 6 (six) months RCCC training on 17.01.2024 with the necessary documents. However, the respondent no.4 has not accepted and allowed the petitioners to join, who are in the select list of 219 approved candidates. 4. It is the contention of the petitioner that vide impugned notification dated 12.01.2024 as many as 150 candidates have selected the private respondent nos. 7 to 156 illegally and without the approved of the Govt. have been admitted for RCCC Training without there being formally forwarded by BTC and approved by the State authorities. It is contented that for RCCC training the approval of the State Government is mandatory. 7 to 156 illegally and without the approved of the Govt. have been admitted for RCCC Training without there being formally forwarded by BTC and approved by the State authorities. It is contented that for RCCC training the approval of the State Government is mandatory. The selection of private respondents has not been approved by the State authorities, whereas, the selection of the petitioners have been duly approved by all the concerned authorities. Being aggrieved of not allowing the petitioners to join for 6(six) months RCCC training, the petitioners have filed representation on 17.01.2024 and 18.01.2024 before the Principal, Assam Survey & Settlement Training, Rajah Nagar, Dakhingaon, Guwahati and the Principal Secretary to the Govt. of Assam, Revenue and Disaster Management. However, the respondent authorities have not considered the same. 5. Mr. M. Sarania, learned counsel for the petitioner while referring to the provisions of the Assam Survey and Settlement Training Centre, Rule 1991, particularly, NOTE-I of Rule 23, wherein, it is provided that the candidates/ deputed by other States, District Councils, public and private undertaking/enterprise bodies and private individuals seeking admission as private students and the Uncertified Recorders working against permanent vacancies and recommended by the Deputy Commissioner for training in the Assam Survey and Settlement Training Centre educationally qualified Chain men working for more than 8 years under the Revenue Department as selected by the Director not exceeding five per batch strictly in order of seniority, need not be subjected to the entrance examination, submits that since the petitioners have been selected and approved by the state authorities, the denial of the petitioners to join at the Assam Survey & Settlement Training Centre, Dakhingaon, Guwahati for six months RCCC training is arbitrary and illegal. He submits that although the selection of the petitioners is not preceded by public advertisement for selection, in view of the provision as provided at NOTE-I of Rule 23 of the Assam Survey and Settlement Training Centre, Rule 1991 and as no entrance examination is required, the selection of petitioners is legal and the selection of the private respondent nos.6 to 156, although, preceded by advertisement, has not been approved by the State authorities, which is mandatory, is liable to be set aside. 6. Mr. 6. Mr. Sarania, learned counsel for the petitioner submits that the Rule stated to have been applied by the respondent authorities is the Assam Land Records Subordinate Service Rules, 2023, which regulates the recruitment and the conditions of the service of the persons appointed to the Assam Land Records Subordinate Services. Therefore, the said Rules cannot be applied for selection of candidates for RCCC training and as such, the said Rules 2023, cannot be applied for selection of such RCCC training. 7. Ms. R.B. Bora and Mr. J. Handique, learned Standing Counsel for the BTC and Revenue Department have submitted that the Secretary of Land and Revenue Department of BTC is not the competent authority to select any candidate to undergo 6 (Six) months RCCC Training programme at the Assam Survey & Settlement Training Centre. The competent authority is the Director, Land Records and Surveys, BTC. The Rules governing the field is "The Assam Survey & Settlement Training Centre Rules, 1991" and Chapter III of the said Rules, 1991 deals with the procedure of selection of such candidates for the course of RCCC training. The selection of petitioners vide letter dated 28.03.2023 has no sanctity in law. The BTC authority has no knowledge about the said selection and letter issued by the then Secretary. Upon inquiry about the Memo No. BTC/LR-28/2021, it is found that on 28.03.2023, there was no letter issued bearing Memo No. BTC/LR-28/2021/51 from the Office of the Secretary, Land and Revenue Department, BTC. Since the letter dated 28.03.2023 is doubtful in nature, therefore, question of permitting the present petitioners to join 6 (Six) months RCCC Training at the Assam Survey & Settlement Training Centre does not arise from the BTC authority, as no formal selection was conducted with respect to the Group of 219 candidates. 8. Ms. R.B. Bora and Mr. J. Handique, learned Standing Counsels have submitted that the Director of Land Records and Surveys, BTC sent a list of 150 (One Hundred and Fifty) nos. of candidates to the Director of Land Records & Surveys etc., Assam duly selected through an open and transparent selection process for undergoing 6 (Six) months RCCC Training at the Assam Survey & Settlement Training Centre. of candidates to the Director of Land Records & Surveys etc., Assam duly selected through an open and transparent selection process for undergoing 6 (Six) months RCCC Training at the Assam Survey & Settlement Training Centre. Since, the Land and Revenue is transferred/entrusted subject to the BTC, approval from state respondent is not necessary and BTC authority has already published a Notification vide Memo No. BTC/IBA-105/2004/408 dated 28.10.2010 to the effect that until and unless, the BTC enacts its Acts/Rules, the Acts/Rules of Government of Assam shall be applicable to BTC area. 9. Ms. R.B. Bora and Mr. J. Handique, learned Standing Counsel for the BTC and Revenue Department have submitted that 150 nos. of candidates (Respondent Nos. 7 to 156 herein) were duly selected through an open and transparent selection process which include publication of advertisement, receipt of applications, conduct of written examination by the Bodoland University and viva-voce test by a selection committee notified by the BTC authority. The select list was approved as per decision and direction of the Executive Council of the BTC in its meeting held on 25.04.2023 and 09.09.2023 and also approval of the LR & DM department, BTC vide Letter No. BTC/LR-331/2022/17 dated 25.05.2023 and the final list was communicated to the Director of Land records & Surveys, Guwahati, Assam vide Letter No. BTC/DLR-27/2023/303 dated 12.01.2024 with a copy sent to the Principal, Assam Survey & Settlement Centre for taking necessary action. 10. Learned Standing Counsels have submitted that this Hon'ble Court vide order dated 06.12.2018 in WP(C) 8364/2018 has directed the BTC authorities not to send/recommend any candidates for 6 months RCCC training in the Assam Survey & Settlement Training Centre without an open and transparent selection process. However, instead of clear instructions laid down in the Assam Survey & Settlement Training Centre Rules, 1991 and also the order of the Hon'ble Gauhati High Court in WP(C) 8364/2018 in respect of RCCC Training, the previous selection, without conducting written test and viva-voce test cannot be allowed. Therefore, the writ petition is liable to be dismissed, as the petitioners have not been selected in terms of the Assam Survey & Settlement Training Centre Rules, 1991, whereas, the respondent nos. 7 to 156 have been duly selected as per the provisions of Rules, 1991. 11. Mr. A.R. Sikdar, learned counsel for the private respondent nos. Therefore, the writ petition is liable to be dismissed, as the petitioners have not been selected in terms of the Assam Survey & Settlement Training Centre Rules, 1991, whereas, the respondent nos. 7 to 156 have been duly selected as per the provisions of Rules, 1991. 11. Mr. A.R. Sikdar, learned counsel for the private respondent nos. 7 to 156, while adopting the submissions of learned Standing Counsels for the state respondents, submits that the petitioners have not been selected by following the due process of law, inasmuch as, the selection of the petitioners was not by the appropriate authority in terms of Assam Survey & Settlement Training Centre Rules, 1991 and not preceded by any public advertisement. The selection of the private respondents having been made pursuant to the advertisement and due process of selection, the petitioners are not entitled to be allowed to be admitted for 6(six) months RCCC training, whereas, the private respondents having been duly selected after due process of selection as per the provisions of Rule are entitled to continue, their 6(six) months RCCC training. He submits that the training of six months RCCC training of Private respondents have been discontinued after one month’s training in view of the interim order of status- quo passed in WP(C) 387/2024. Therefore, the present writ petition is liable to be dismissed. He further submits that the reliance of Note-I of Rule-23 of the Assam Survey & Settlement Training Centre Rules, 1991 by the learned counsel for petitioners is completely misplaced as the said Note-I of the Rule-23 provides for a candidate deputed by other States, District Councils, public and private undertaking/ enterprise bodies and private individuals seeking admission as private students. The BTC is not a district council rather it consist of many districts. Therefore, the question of deputing the petitioners by district council does not arise and such reliance of the Note-I is misplaced. 12. I have considered the submissions of the learned counsel for the parties and also perused the materials available on record including the relevant rules. 13. The Secretary to the BTC prepared a list of 219 candidates for six months RCCC training in the Assam Survey and Settlement Training Centre at Guwahati for the year 2021-22. Vide letter dated 28.03.2023, the Secretary to the BTC has communicated the said list to the Principal Secretary to the Govt. 13. The Secretary to the BTC prepared a list of 219 candidates for six months RCCC training in the Assam Survey and Settlement Training Centre at Guwahati for the year 2021-22. Vide letter dated 28.03.2023, the Secretary to the BTC has communicated the said list to the Principal Secretary to the Govt. of Assam, Revenue and Disaster Management Department, wherein, the petitioners name have also been included. The under Secretary to the Govt. of Assam, Revenue and DM (Settlement) Department vide letter dated 05.09.2023 addressed to the Director of Land Records and Surveys etc, Assam, has conveyed the approval to the tentative training schedule for the said 219 candidates deputed by the BTC along with three Chainmen who are yet to undergo the training, proposed to be started w.e.f. 17.01.2024 to 16.07.2024 at the Assam Survey & Settlement Training Centre (ASSTC), Dakshin Gaon, Guwahati. Vide letter dated 20.09.2023 issued by the Addl. Director of Land Records, Assam, the approval of the tentative training schedule for the said 219 candidates was conveyed. 14. The Director of Land Records and Survey, BTC, Kokrajhar, issued an advertisement, vide BTC/DLR-27/2023/83 dated 31.05.2023 inviting applications from the intending candidates to undergo 6(six) months RCCC training at Assam Survey and Land Settlement Training Centre, Guwahati, for the session 2023- 2024, which provides among others, the candidates must be citizen of India and permanent resident of BTC, Assam. Pursuant to the approval received from the Land Revenue and Disaster Management Department, BTC, the final result of the test conducted for selection of candidates for undergoing RCCC training was published selecting the private respondent nos.7 to 156, total of around 150 candidates. Accordingly, the private respondents were sent for 6(six) months RCCC training at Assam Survey and Land Settlement Training Centre, Guwahati, and accordingly, the private respondents were admitted for such training. On 05.02.2024, in WP(C) No. 387/2024, a status-quo order was passed by this Court when the trainings of the private respondents were on. 15. The Assam Survey and Land Settlement Rules, 1991 regulates the procedure for selection of the candidates for RCCC training. To appreciate, the relevant rules are extracted herein below:- “Rule-20-For admission in to each course, the Director will invite application from intending candidate preferably by the middle of June each year. Before final selection is made for the course, the Director will obtain a statement from each district in regard to the following. To appreciate, the relevant rules are extracted herein below:- “Rule-20-For admission in to each course, the Director will invite application from intending candidate preferably by the middle of June each year. Before final selection is made for the course, the Director will obtain a statement from each district in regard to the following. i) The Lots which are vacant or likely to fall vacant within the next three years. ii) The date from which the vacancy arises and thereof. iii) The lots with non-resident Mandals or unqualified Mandals. iv) The number of survey passed persons in the locality waiting for appointment. v) Reserved vacancy and back-log position regarding Scheduled Tribes (Plain Tribe), Scheduled Castes and other backward classes in the districts and sub-divisions and in making the final selection the Director will pay due regard to need of the districts. 21. Ordinarily, a candidate for admission shall not be less than 18 years or more than 29 years of age on the 1st of January of the year of advertisement, Upper and lower age limit shall be governed by the Government orders issued from time to time in this regard. 22. The minimum educational qualification for admission to the Recorders Course Class will be High School Leaving Certificate Examination passed or its equivalent recognised by the Government. 23. Candidates for admission shall be selected by the Director in either of the following manner as found convenient. (A) An entrance examination for the intending candidates who have applied in time and are qualified otherwise as per Rule 21 and 22, will be held from time to time depending on the availability of vacancies at each district and submission headquarter in the plain districts preferably in the month of September to see whether the candidate has 1) knowledge of elementary arithmetic ii) proficiency in Assamese and Bengali language and iii) General knowledge of the High School leaving Certificate course standard. On knowing the total number of candidates along with the above information the Director will arrange to get the requisite number of question papers set and printed/cyclostyled and send them to the Deputy Commissioners/ Sub- divisional Officers or any other officer authorised by him on this behalf to the entrance examination on the date and hour fixed by him. On knowing the total number of candidates along with the above information the Director will arrange to get the requisite number of question papers set and printed/cyclostyled and send them to the Deputy Commissioners/ Sub- divisional Officers or any other officer authorised by him on this behalf to the entrance examination on the date and hour fixed by him. The question paper will get by a responsible Gazetted officer appointed by the Director of Surveys, total marks will be 200, the pass marks being 40% the maximum time being 3 hours. The Director will arrange for evaluation of the answer scripts by officers selected by him for this purpose and get the mark sheet. The Deputy Commissioner and Sub-Divisional Officer or any other officer authorised in this behalf who hold the examination will be responsible to send under the strict precautionary measures soon after the examination is over, all answer scripts accompanied by a statement of the candidates appearing in the examination in a tabular form in the following pro-forma or any other pro-forma as may be prescribed in this behalf by the Director viz, (1) Serial No., (2) Name of the Candidate, (3) Father's name, (4) Age on 1st January, of the year of advertisement, (5) village, (6) Post office, (7) Circle, (8) If plains tribal/scheduled caste or other backward class, (9) Remarks. In the remarks column should be shown as far as practicable the number of surveys passed recorder still unemployed in the different circles of the Sub-Division. The Director of Surveys will then decide the number of candidates to be selected for admission to the Centre for the course and select them in the manner to be decided by having due regard to the order of merit as shown by the marks obtained in the examination and subject to the actual need of the district and usual reservation quota for the Scheduled Tribe, Scheduled Caste and other add Classes candidates. The selected candidates will then be medically examined in their districts and Sub-Divisional headquarters by medical officer not below the rank of and Assistant or equivalent surgeon. Admission will be made on production of original school leaving certificate and medical certificate by the selected candidates before the Principal. Candidates suffering from infectious diseases will not be admitted. The selected candidates will then be medically examined in their districts and Sub-Divisional headquarters by medical officer not below the rank of and Assistant or equivalent surgeon. Admission will be made on production of original school leaving certificate and medical certificate by the selected candidates before the Principal. Candidates suffering from infectious diseases will not be admitted. (B) The Director shall select the candidates through the DC's in the basis of the marks obtained in (1) M.I.L, (ii) English, () Mathematics in the H.SLC Examination. Weightage shall be given to candidates having higher qualification as follows: (a) H.S.S.LC: 10 marks (b) Degree of a recognized University: 15 marks. The Dc's will call for application from candidates qualified under Rule 21 and 22 with usual application fees in the prescribed tabular form along with attested copies of mark sheets in each of the examination mentioned herein above and prepare a list in order of merit equal to twice the number of vacancies in the district. The candidate shall be called for interview when the original mark sheets will also be verified by the DC's before finalisation. Necessary reservation for SC/ST/OBC and others as instructed by the Government from time to time shall be provided while finalizing the list and forward the same to the director. (C) The Deputy Commissioner may also forward to the Director a list of uncertified recorders working against the permanent vacancies in the lots or temporary posts other than land records for admission without entrance examination and that should be strictly on seniority basis. (D) The total number of candidates thus selected by the Director for training will not ordinarily exceed twice the actual requirement of recorders as reported by the Deputy Commissioner/Sub-divisional Officers. (E) The list thus prepared will remain valid for one year from the date of finalisation by the Director. The State Government may, however extend the period of validity for good and sufficient ground for a further period not exceeding 6 (six) months. (F) The remuneration of Rs. (E) The list thus prepared will remain valid for one year from the date of finalisation by the Director. The State Government may, however extend the period of validity for good and sufficient ground for a further period not exceeding 6 (six) months. (F) The remuneration of Rs. 2.50 per answer script (which include question on Arithmetic, essay writing and General knowledge) for examination of the answer paper of the Entrance Examination will be sanctioned and paid to the examiners appointed by the Director from head "2029" LR" The answer scripts may be preserved for 6 months and thereafter these should be destroyed by fire or disposal of in the manner as be decided by the Director. NOTE-I (i) Candidates/ deputed by other States, District Councils, public and private undertaking/ enterprise bodies and private individuals seeking admission as private students. (ii) Uncertified Recorders working against permanent vacancies and recommended by the Deputy Commissioner for training in the Assam Survey and Settlement Training Centre educationally qualified Chain men working for more than 8 years under the Revenue Department as selected by the Director not exceeding five per batch strictly in order of seniority, need not be subjected to the entrance examination .” 16. A perusal of the above Rules reflects that for selection and admission for the course of RCCC training, an application has to be invited from the intending candidates. Thereafter, an entrance examination for the intending candidates who have applied in time and are qualified otherwise as per Rule 21 and 22 are to be conducted. 17. The Note-I of Rule 23, on which the learned counsel for the petitioner, Mr. Sarania has heavily relied upon provides that the candidates/deputed by other States, District Councils, public and private undertaking/enterprise bodies and private individuals seeking admission as private students, candidates need not be subjected to entrance examination. Although, Mr. Sarania, learned counsel for the petitioner has made an attempt to interpret to the effect that since the BTC has approved and send the petitioners being district council as per Note-I, and therefore, the petitioners need not be subjected to entrance examination, this Court finds the same totally misconceived and fallacious, inasmuch as the petitioners appears to have been send by BTC but not by particular District Council and that too they have not sought for admission as a private student rather Government sponsored trainees. The provision of Note-I would apply in case a candidate is deputed by the other States, District Councils, public and private undertaking/enterprise bodies as well as private individuals seeking admission as private students. Therefore, this Court is not persuaded to the submissions of the learned counsel for the petitioners that the Note-I apply to the case of the petitioners. 18. Admittedly, the private respondent nos.7 to 156 have been selected and sent for 6(six) months RCCC training at Assam Survey and Land Settlement Training Centre, Guwahati, by following due process of selection in terms of the provisions of the Assam Survey & Settlement Training Centre Rules, 1991, as the same is preceded by the public advertisement inviting applications from the intending candidates. No doubt, records reveal that the petitioners were also selected for six months RCCC training issued by the Director of Land Records & Surveys, BTC, and the approval appears to have been accorded by the State respondents, the same clearly indicates that the said selection has not been made by following the due process of selection as required to be done under the provision of Assam Survey & Settlement Training Centre Rules, 1991. Thus, the selection of the private respondents cannot be faulted and the selection of the petitioners rather is not sustainable as the same has not been made by due process of selection in terms of the Assam Survey & Settlement Training Centre Rules, 1991. 19. Regard being had to the submission of the learned counsel for the petitioner Mr. Sarania, with regard to the application of the Assam Land Records Subordinate Service Rules, 2023, obviously, the said rules would not be applied at all for selection of candidates for RCCC training as the Assam Land Records Subordinate Service Rules, 2023 would regulate the recruitment and the conditions of the service of the persons appointed to the Assam Land Records Subordinate Service and not for selection of candidates for RCCC training, which is regulated by separate Rules i.e. Assam Survey & Settlement Training Centre Rules, 1991. 20. 20. It is also noticed that earlier this Court in another proceedings being WP(C) 8364/2018 in a similar matter has directed the BTC authorities not to sent/recommend candidates for the 6(six) months RCCC training in the Assam Survey and Land Settlement Training Centre at Guwahati without an open and transparent selection process vide order dated 06.01.2018, of course, by an interim order. 21. The state respondents have clarified that vide notification dated 28.10.2010, it is notified that until and unless the BTC authority enacts any Acts/Rule, etc. as regards the transferred subjects, Acts/Rules/Norms Guidelines of the Government of Assam shall be applicable to the BTC area subject to such exceptions or modifications as the BTC thinks fit. As such, although the matter pertaining to the application of "The Assam Land Records Subordinate Service Rules, 2023" to the area of BTC is subjudice before this Court, in terms of the said Notification dated 28.10.2010 the said Act of 2023 shall be applicable to the BTC area and no further notifications is required. However, since, it is not the case of the state respondents that the said "The Assam Land Records Subordinate Service Rules, 2023", has been applied for selection of the candidates for RCCC training, the issue of its applicability in the present case has no relevancy. 22. In view of the above discussions, I am of the considered view that the selection of the petitioners dated 28.03.2023 for 6(six) months RCCC training at the Assam Survey and Land Settlement Training Centre at Guwahati is not in accordance with the provisions of the Assam Survey & Settlement Training Centre Rules, 1991, whereas, the selection of private respondent nos. 7 to 156 appears to be in accordance with the said Rules. Thus, there is no infirmity in the selection dated 12.01.2024 selecting 150 candidates (the private respondents herein). 23. Consequently, the writ petition stands dismissed being devoid of merit. No order as to cost(s).