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TMI Blog2021 (6) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner. 2. The case of the petitioner is that the petitioner is a "H" Card license holder. He is a Customs Broker. The minimum educational qualification required is 10 + 2. With the basis of "H" Card license, a photo identity card is given to him and he can transact work at the Customs Station. He must produce the identity card whenever demanded by any Officer in the Customs Station. The Customs Brokers Licensing Regulations 2018 issued a Notification No.41/2018 - Customs (N.T.) dated 14.05.2018, specifying that a Customs Broker is a person licensed under the regulations to act as an agent on behalf of the importer or an exporter for purposes of transaction of any business relating to the entry or departure of conveyances or the impor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manner in which a "H" card holder is selected. It is seen that he must pass a written examination. Regulation 13 relates to "G" card holder. The petitioner had passed his written examination. He did not qualify in the oral examination. Conducting an oral examination is beyond the scope of the authorities. The writ petition has been filed to quash the said conducting of oral examination. 7. A counter affidavit has been filed on behalf of the respondent, in which it has been stated that the petitioner has passed the G card written examination conducted as per Regulation 17(3) of CBLR, 2013 and failed in the oral examination. Only to ascertain the adequacy of knowledge, the written as well oral examination pattern was being followed like F-C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and separately, for oral examination 100 marks were allotted as a maximum and the qualifying mark was given as 50. It is not known what is the nature of oral examination, which was conducted and how the candidates were assessed. Those details are absent in the counter affidavit. Except merely stating that only two candidates passed in the oral examination, no other specific details have been given in the counter affidavit. The counter affidavit has to be rejected. The conducting of the examination on 03.03.2018 and the Public Notice No.48 of 2017, wherein both the written examination and the oral examination were stipulated, has to be struck down and accordingly struck down. A direction is issued to the respondent, insofar as the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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