Import licence applications do not create an absolute right to earlier policy review where policy changes intervene.

An import licence applicant had no absolute vested right to insist that the application be decided under the policy in force on the date of filing. The statutory scheme under the Imports and Exports (Control) Act and the Imports (Control) Order left licence grant to regulatory control, and back-period applications were to be considered on merits rather than automatically under an earlier policy. Because the record did not show undue departmental delay justifying exceptional relief, mandamus to compel consideration under the 1968-69 policy was not available, and the application was to be assessed under the later prevailing policy framework.

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Issues: Whether an applicant for an import licence had an absolute right to have the application decided under the import policy prevailing on the date of application, and whether the licensing authority could be directed by mandamus to consider the application only under the earlier policy despite later canalisation and policy changes.

Analysis: The statutory scheme under Section 3(1)(a) of the Imports and Exports (Control) Act, 1947 and Clause 6(1)(a) of the Imports (Control) Order, 1955 left the grant of import licences to regulatory control and did not create an absolute vested right in favour of an applicant merely because an application had been made or recommended by a sponsoring authority. The relevant handbook provisions contemplated that back-period applications delayed on the part of the department would be considered on merits, but they did not compel the authority to ignore later policy changes where the application had not been finally disposed of during the relevant period. The record did not establish undue departmental laches justifying a direction that the earlier policy must govern, and the proper course was to consider the application under the then prevailing policy framework.

Conclusion: The claim for mandamus to compel consideration under the 1968-69 policy failed, and the application was to be considered under the 1970-71 policy.

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