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TMI Blog2009 (8) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... written examination conducted by the Director General of Inspection for being licensed as a Custom House Agent held under the Customs House Agents Licensing Regulations, 2004. The said examination was held on 29th December, 2006 and result was declared in the month of March 2007. 2. In terms of the Regulation 8(1), the petitioner is also required to clear the oral examination before the said lice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xamination." 3. Regulation 8(3) reads as follows: "(3) It shall be necessary for the applicant to clear written as well as oral examinations separately. An applicant who clears the written examination but fails in the oral examination linked to it, shall have to clear the oral examination within two years of the related written examination irrespective of the number of chances, and if he fails t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... econd oral examination, which was required to be conducted in 2007 in terms of Regulation 8(1). Thus the petitioner is deprived of one opportunity to clear the oral examination in terms of the regulations. 6. The aforesaid regulations were considered by a Division Bench of this Court in W.P.(C) 14439/2006 titled Yaspal Singh v. Union of India and Another. After examining the Regulations 8(1) to 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... priving him of getting a Custom House Agents license. The Respondents have given no reason why they cannot rectify the prejudice that they have caused to the Petitioner because of their inaction. 12. The Respondents are, of course, trying to justify their failure to hold the written examination and oral examination with the required frequency as postulated by the Regulations on the ground that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his having passed a written examination in accordance with the Regulations. 15. Consequently, to give the Petitioner his due, we direct the Respondents to call the Petitioner for an oral examination on the next two occasions when such an oral examination is held." 7. In view of the aforesaid reasoning, the present writ petition is allowed. The petitioner will be called and permitted to appear i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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