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Issues: Whether the two-year period prescribed in clause 8(3) of the Customs House Agents Licensing Regulations, 1984 was to be reckoned from the date of publication of the examination results.
Analysis: The Court accepted the view that the expression governing the two-year period had to be read with reference to the publication of the results and not by adopting any other starting point. On that construction, the respondent was entitled to another opportunity to undergo the oral examination within the period indicated by the earlier order. The Court also found no prejudice to the appellant in granting that chance.
Conclusion: The two-year period under clause 8(3) is to be computed from the date of publication of the results, and the direction granting another chance for oral examination was upheld.
Final Conclusion: The appeal failed and the order in favour of the respondent was affirmed.
Ratio Decidendi: Where a regulation prescribes a period linked to examination results, the period must be computed from the publication of those results if that is the proper contextual construction of the provision.