2012 (12) TMI 539 - HC - Customs

License of Custom House Agent - old v/s new regulation - Held that - All those who had cleared the examinations under the regulations issued in the year 1984 would be eligible for the grant of the custom house agents license subject to their fulfilling the other conditions of eligibility as decided in Sunil Kohli Vs. Union of India 2012 (10) TMI 638 - SUPREME COURT . Consequently the petitioners are entitled to be considered for grant of Customs House Agent licenses without having to clear the examination in the additional subjects. It is appropriate to direct the respondents to issue the necessary certificate granting the Customs House Agents Licence to the petitioner as per Regulation 9 of the Customs House Agents Licencing Regulations 2004 on the petitioner complying with the requirements prescribed under Regulation 10 of the said regulations within a period of eight weeks from the date of receipt of a copy of this order - writ petition is ordered accordingly.

Summary

Issues:
Grant of Customs House Agent license under different regulations.

Analysis:
The judgment revolves around the issue of granting a Customs House Agent license under various regulations. The petitioner had appeared in the Customs House Agent written and oral examinations held under the Customs House Agents Licensing Regulations, 1984. The Regulations issued in 1984 were later replaced by the Customs House Agents Licensing Regulations, 2004, which required those who passed examinations under the 1984 regulations to pass another examination for additional papers introduced in 2004. A previous court order directed the issuance of licenses to those who qualified in the written examination before the new regulations came into force. The petitioner in this case had similarly qualified in both written and oral examinations before the new regulations were implemented.

The petitioner relied on a Supreme Court decision that upheld the eligibility of those who cleared examinations under the 1984 regulations for the grant of a license, subject to meeting other eligibility conditions. However, the respondents cited a Bombay High Court decision stating that passing examinations under the 1984 regulations did not automatically confer a vested right to a license. The Division Bench of the Gujarat High Court had also quashed the 2004 regulations. Despite these conflicting decisions, the court found no grounds to differ from its earlier view that candidates who passed examinations under the 1984 regulations should be entitled to a license if otherwise eligible.

Considering the contentions raised and previous decisions, the court directed the respondents to issue the necessary certificate granting the Customs House Agents License to the petitioner under the 2004 regulations, provided the petitioner complies with the requirements within eight weeks from the date of the order. The writ petition was ordered accordingly, with no costs imposed.