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1993 (7) TMI 95 - SC - CustomsWhether the applicant must first clear the written test to qualify for the oral test as per Customs House Agents Licensing Regulations, 1984 made by the Central Board of Excise & Customs under sub-section (2) of section 146 of the Customs Act, 1962? Held that:- A fervent appeal was made by the learned counsel for the petitioners that having regard to the fact that all the petitioners have passed the written examination and that some of them had only one opportunity to appear at the oral examination since they passed the written examination at the third attempt, one further chance to appear at the oral examination should be accorded to them as was done in the past under the circular dated May 19, 1988. That would be a matter on which the concerned authorities would have to take a decision if the circumstances so permit but it would not be proper for this Court to issue a mandate once it is found as a fact that the petitioners had the requisite opportunities under the regulations for clearing the written as well as oral test. We may add by way of caution and to avoid any litigation in future if the authorities decide to give one further opportunity to the petitioners to clear the oral test it will be by way of grace only and will not confer any right whatsoever on the petitioners and if the authorities insist upon any undertaking to be filed by the candidates permitted to avail of that extra chance in the present proceedings that they will accept the result as final and conclusive and will not make it a ground for further litigation, they will be well within their rights to so insist. If such undertakings are filed in the present proceedings, the Registry will accept the same. Appeal dismissed.
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