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2016 (9) TMI 1168 - MADRAS HIGH COURTPrayer for issuance of writ of certiorarified mandamus to quash the circular - accept application for the grant of Custom Broker Licence - permission to write examination, conducted under the Regulation 6 of Customs Broker Licence Regulation, 2013 (CBLR) - whether Inspite of eligibility for being recognized as a Customs Broker, in accordance with Rule 5 (f) (ii) of CBLR, the petitioner not allowed to sit for the written examination is justified? - Held that : - when certain qualifications are listed out under the Regulations, it can be taken as an illustrative and not exhaustive. The Authorities are required to examine the nature of qualification possessed by the candidates, and as to whether, it would fall within the scope and ambit of the required qualification as per the Regulations contemplated under CBLR. The petitioner has been successful, both, in the written examination and oral examination. Also, the qualifications possessed by the petitioner are in conformity to the Regulation 5 (f)(ii) of CBLR - the respondents directed to consider the petitioner's application and grant Custom Broker Licence within a period of three weeks - this order shall not be treated as condition precedent, and the legal issue raised by the respondents left open - writ petition disposed off - decided in favor of petitioner.
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