TMI Blog2016 (9) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... as an illustrative and not exhaustive. The Authorities are required to examine the nature of qualification possessed by the candidates, and as to whether, it would fall within the scope and ambit of the required qualification as per the Regulations contemplated under CBLR. The petitioner has been successful, both, in the written examination and oral examination. Also, the qualifications possessed by the petitioner are in conformity to the Regulation 5 (f)(ii) of CBLR - the respondents directed to consider the petitioner's application and grant Custom Broker Licence within a period of three weeks - this order shall not be treated as condition precedent, and the legal issue raised by the respondents left open - writ petition disposed off - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel appearing for the petitioner as well as the learned Senior Standing Counsel for the Department, and passed the following order:- 6.To obtain a clarification as to what are such qualifications, the matter was passed over and when the matter was taken up subsequently, the Court has been informed that ACMA [Associate of Cost and Management Accountant] and FCMA [Fellow of Cost and Management Accountant' and these are not degrees ; but some thing akin to the Certificate of membership given by the Institution of Company Secretaries of India and the Institute of Cost and Works Accountants of India. It is stated that earlier the Institute which awards the Certification as ACMA was called as Institute of Company Secretaries i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Accordingly, a direction was issued to the respondents to open the sealed cover, and evaluate the petitioner's paper, and if the petitioner has secured the required cut off marks, then, he should be permitted to attend the oral interview (viva voce). This order was complied with by the respondents, and the petitioner, having declared pass in the written examination, he was also directed to attend the oral interview, and the result of the interview was kept under sealed cover. Subsequently, when the matter came up on 19.08.2016, this Court heard the submission of the Senior Standing Counsel for respondents and passed an interim order, which reads as follows:- Pursuant to the order dated 12.07.2016, the petitioner has appeared for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not degrees; but some thing akin to the Certificate of membership given by the Institution of Company Secretaries of India and the Institute of Cost and Works Accountants of India. It is stated that earlier the Institute which awards the Certification as ACMA was called as Institute of Company Secretaries in UK and in 1986, the name was changed as CIMA (Chartered Institute of Management Accountants). Thus, this Court is of the view that the petitioner has made out a prima facie case to become eligible to participate in the oral test provided the petitioner clears the written examination for which he has already appeared. 3. The department had complied with the direction issued and has permitted the petitioner to participate in the ora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in Financial Management, awarded by Annamalai University, and he is a member and associate of Institute of Company Secretaries of India , and he has been enrolled in the Institute of Cost and Works Accountants of India, this Court deems that, this is a fit case, where, the respondents should exercise their discretion, and grant Custom Broker Licence to the petitioner. However, this Court is conscious of the fact that the respondents have taken a stand in their counter affidavit that, the qualifications possessed by the petitioner are not mentioned in the Regulation 5 (f)(ii) of CBLR. Retorting to the said stand, this Court is inclined to observe that, when certain qualifications are listed out under the Regulations, it can be taken as an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
