TMI Blog2000 (9) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... ner's temporary Custom House Agents Licence No. 150/98 till such examination and publication of the result thereof. 3. Petitioner is the proprietor of M/s. Balaji Forwarders. The petitioner applied for the Customs House Agents Licence to the respondents on 13-1-1998 under Regulation 5 of the Custom House Agents Licensing Regulations, 1984. The petitioner was granted that licence under Regulation 8 of the said Regulations, 1984 on 2-6-1998. This licence was valid for one year from its issue. Subsequently, it has been extended for further one year, that is upto 1-6-2000. The petitioner has to pass the examination for regularising the temporary licence as contemplated under Regulation 9 of the said Regulations, 1984. He wrote the examination ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granted and shall be permitted to avail of three chances within a period of two years from the date of issue of temporary licence on payment of prescribed examination fee of Rs. 500/- for each examination. 2. The examination referred to in sub-regulation (1) shall include a written and oral examination and will be conducted twice every year. Each applicant would be permitted to avail of a maximum of three chances to qualify in the said examination but, all such chances should be availed of within a maximum period of two years from the date of grant of temporary licence." 6. As per Regulation 9(2) of the said Regulations, 1984 each applicant should avail of a maximum of three chances to qualify the said examination, but it should be wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tunities for clearing the written test and three opportunities for clearing the oral test." On that basis, the learned Counsel has submitted that since his licence has already extended, he is entitled to get further two opportunities to clear the examination. I am not able to accept the said submission. The judgment of the Apex Court will not apply to the case of the petitioner. Even in paragraph 4 of the decision of the Apex Court has held that "The High Court, therefore, noticed that these candidates had actually availed of three chances under Regulation 9 and had yet failed to clear the examination. Such candidates, the High Court rightly observed, could have no grievance insofar as sufficiency of chances for clearing the examination w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is found as a fact that the petitioners had the requisite opportunities under the regulations for clearing the written as well as oral tests. 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 on 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 withing their rights to so insist. If such undertakings are filed in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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