Accrued licensing right under earlier customs regulations cannot be defeated by a later re-examination requirement.

A candidate already declared qualified under the Customs House Agents Licensing Regulations, 1984 could not be required to undergo the examination again under the Customs House Agents Licensing Regulations, 2004. The Court treated the earlier qualification as an accrued right that could not be defeated by the subsequent procedural change, particularly where similarly situated persons had been granted licences and the earlier qualification had been accepted as sufficient. The petitioner was therefore entitled to consideration for and grant of a Customs House Agents licence under Regulation 8 of the 2004 Regulations without taking the examination afresh.

---

---

Issues: Whether a candidate who had already been declared qualified under the earlier Customs House Agents Licensing Regulations, 1984 was entitled to be granted a licence under Regulation 8 of the Customs House Agents Licensing Regulations, 2004 without being required to undergo the examination again.

Analysis: The petitioner had been declared qualified in the examination conducted under the earlier regulatory regime. The subsequent change in procedure could not be used to deny the benefit already earned, particularly when similarly situated persons had been granted licences and the earlier qualification was directed to be treated as sufficient. The Court therefore treated the amended regulations as not applicable to defeat the petitioner's accrued right to consideration for licence under the earlier qualification.

Conclusion: The petitioner was entitled to be granted a Customs House Agents licence under Regulation 8 of the Customs House Agents Licensing Regulations, 2004 without being compelled to take the examination afresh.

---