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T. Raja Versus The Commissioner of Customs, The Additional Commissioner of Customs, The Assistant Commissioner of Customs (CBR)

2016 (9) TMI 1168 - MADRAS HIGH COURT

Prayer for issuance of writ of certiorarified mandamus to quash the circular - accept application for the grant of Custom Broker Licence - permission to write examination, conducted under the Regulation 6 of Customs Broker Licence Regulation, 2013 (CBLR) - whether Inspite of eligibility for being recognized as a Customs Broker, in accordance with Rule 5 (f) (ii) of CBLR, the petitioner not allowed to sit for the written examination is justified? - Held that : - when certain qualifications are li .....

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ulation 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 - decided in favor of petitioner. - Writ Petition No. 2523 of 2016 W. M. P. Nos. 2153 and 2154 and 20318 of 2016 - Dated:- 31-8-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr. Hari Radhakrishnan .....

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oker Licence, and to permit him for writing examination, conducted under the Regulation 6 of Customs Broker Licence Regulation, 2013 (CBLR). 3. The petitioner's case is that, he is fully eligible for being recognized as a Customs Broker, in accordance with Rule 5 (f) (ii) of CBLR. Inspite of the same, he was not allowed to sit for the written examination. 4. The Court, having prima facie found that the petitioner possesses the requisite qualification, granted interim order on 27.01.2016, per .....

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d 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 Comp .....

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-off marks, then, he shall be permitted to attend the oral interview. However, the results shall be withheld until further orders from this Court. It appears that the interview in Chennai is to be completed today and the interview in Coimbatore will be conducted tomorrow and in the event, the petitioner secures the required cut-off mark in the written examination, then the petitioner shall be permitted to appear at Coimbatore tomorrow for the oral interview. 8. List the matter on 11.08.2016.&quo .....

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peared. 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. Subsequ .....

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y this Court on 27.01.2016 to attend the written examination is based on the fact that the petitioner had made out a prima-facie case. When this Court directed the respondent to publish the results, it came out that the petitioner has cleared the written examination. Thus, the next issue is whether the petitioner should be permitted to participate in the oral interview. Taking into consideration the qualification possessed by the petitioner, this Court recorded a prima-facie finding that the pet .....

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at are such qualifications, the matter was passed over and 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 a .....

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ew. In order to consider as to what relief should be granted in this writ petition, it is essential that the result of the oral interview should be known. Accordingly, the respondents are directed to release the results of the oral interview, in which the petitioner had participated pursuant to the direction issued on 12.07.2016, within a period of one week from the date of receipt of a copy of this order. List on 31.08.2016"". 6. Pursuant to the interim direction issued on 19.08.2016, .....

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ase, and this shall be not be treated as precedent. 8. Furthermore, in the light of the fact that the petitioner has come out successful, both, in the written and oral examinations, and taking note of the qualification possessed by him, which has been admitted by the respondents, in their counter affidavit, i.e., possession of Bachelor Degree in Commerce, awarded by Bharathidasan University, Master Degree in Commerce, awarded by Annamalai University, and Post Graduate Diploma Degree in Financial .....

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