2012 (12) TMI 622 - HC - Customs

Customs House Agents Licence - Held that - As decided in SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS 2012 (10) TMI 638 - SUPREME COURT who had cleared the examinations under the regulations issued in the year 1984 would be eligible for the grant of licence subject to their fulfilling the other conditions of eligibility as the actions already taken under the earlier regulations issued in the year 1984 had been saved by the new regulations issued in the year 2004. There is no dispute that the petitioner had passed the written as well as the oral examination under Regulation 9 of the Customs House Agents Licensing Regulations 1984 which were existing prior to the coming into force of the new regulations in the year 2004. Thus in such circumstances this Court finds it appropriate to direct the department 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 within a period of eight weeks from the date of receipt of a copy of this order.

Summary

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

Analysis:
The petitioner appeared in the Customs House Agent written and oral examinations under the Customs House Agents Licensing Regulations, 1984, and qualified. The Regulations have evolved over the years, with the 1984 regulations being replaced by the 2004 regulations, which mandated additional examinations for those who passed under the old regulations. A previous court order directed the issuance of licenses to those who qualified in the written exam before the new regulations came into force but passed the oral exam after. Similar judgments from other High Courts and a Supreme Court decision supported the eligibility of candidates who passed exams under the old regulations for license issuance under the new regulations, provided they meet other eligibility criteria.

The Division Bench of the Gujarat High Court and a judgment from the Madras High Court in a previous case supported the issuance of licenses to candidates who qualified under the old regulations. The petitioner in the present case had passed both written and oral exams before the new regulations came into effect, making them eligible for the license. The Supreme Court decision further reinforced the eligibility of candidates who cleared exams under the old regulations for license issuance under the new regulations, subject to meeting other eligibility conditions.

The respondents failed to establish the petitioner's ineligibility for the license under the new regulations. It was undisputed that the petitioner passed both written and oral exams under the old regulations before the new regulations were implemented. Considering the contentions raised by the petitioner and the legal precedents cited, the court directed the respondents to issue the necessary certificate for granting the Customs House Agents License to the petitioner under the 2004 regulations, provided the petitioner fulfills the requirements under Regulation 10 within eight weeks from the date of the court order. The writ petition was granted accordingly, with no costs imposed.