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2011 (12) TMI 18 - HC - CustomsWhether candidate upon passing the examination held under the 1984 Regulations, had a vested right to obtain a licence under Custom House Clearing Agent(CHAS) even though as a matter of fact no licence was issued or granted until the new regulations came into force in 2004 - Held That:- In view of C.V. Karunakaran v. Chairman, Central Board of Excise and Customs (2009 -TMI - 76163 - HIGH COURT OF MADRAS) held that an applicant who had passed the examination held under the regulations of 1984 had no vested right to obtain a licence. Such an applicant had at best an opportunity to apply for licences which could not be treated as a vested right.Upon the enforcement of the regulations of 2004 every applicant for the grant of a new licence must comply with the regulations which were made in the exercise of the statutory power conferred by Section 146(2). The requirement of passing an examination in additional subjects is based on an intelligible consideration which is to upgrade the skills and competencies of persons who seek to apply for a licence as CHAS. A person who seeks a licence after the enforcement of the Regulation of 2004 must therefore comply with the requirements of the new regulations.Decided against assessee.
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