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2013 (10) TMI 899 - KERALA HIGH COURTTemporary licence as Customs House Agent - Validity of Regulation 8(5) - Held that:- system of issuing temporary licence was dispensed with by virtue of 2004 Regulations. Under the new Regulations qualified applicants are given chance to clear the examination upto a maximum period of 7 years. The stipulation is with respect to new applicants who apply for licence after commencement of the 2004 Regulations. At the same time, a restriction was imposed through the new Regulations for continuance of the temporary licences already granted. Continuance of such temporary licence will be permitted only if the person concerned qualify the examination within the said period. The applicants for fresh licence are distinct and different class from persons already holding temporary licence under the erstwhile Regulations - Once the rule making authorities have decided to dispense with the practice of granting temporary licence, it is only reasonable that those persons already holding such licences were given chance for renewal of such temporary licences upto a maximum period of two years, without the licences qualifying the requisite examinations as required in the case of persons seeking licence under the new Regulations. Merely because the petitioners were granted with a temporary licence, they cannot seek continuation even after its expiry without achieving the prescribed qualification under the changed Regulations - Decided against petitioner.
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