Prior qualification under earlier licensing rules preserved entitlement to customs house agent licence subject to later compliance.

A candidate who had already passed the written and oral examinations under the 1984 Customs House Agents Licensing Regulations could not be denied consideration for a licence merely because the 2004 Regulations later came into force. The saving clause preserved actions already taken under the earlier regime, and no disqualification under the 2004 framework was shown. The candidate was therefore entitled to issuance of the licence, subject to compliance with the remaining requirements under Regulation 10 of the 2004 Regulations.

---

---

Issues: Whether a candidate who had passed the written and oral examinations under the Customs House Agents Licensing Regulations, 1984, before the coming into force of the Customs House Agents Licensing Regulations, 2004, was entitled to issuance of a Customs House Agents licence under the later regulations.

Analysis: The petitioner had cleared the examinations prescribed under Regulation 9 of the 1984 Regulations before the 2004 Regulations came into force. The later regulations superseded the earlier regime but expressly saved actions already taken or omitted under the old regulations. The Court also noted that the respondent was unable to show any ineligibility under the 2004 Regulations, and the petitioner stood on the same footing as similarly placed persons in earlier decisions. In that backdrop, the saving provision and the petitioner's prior qualification entitled him to be considered for issuance of the licence, subject to compliance with the remaining requirements under Regulation 10 of the 2004 Regulations.

Conclusion: The petitioner was held entitled to issuance of the Customs House Agents licence, subject to compliance with Regulation 10 of the Customs House Agents Licensing Regulations, 2004.

Final Conclusion: The writ petition succeeded and a direction was issued to grant the licence within the stipulated time on fulfilment of the prescribed requirements.

Ratio Decidendi: Where the applicable saving clause preserves acts done under an earlier regulatory regime, a candidate who has already qualified under the earlier examination scheme cannot be denied licence merely because a new regulatory framework has subsequently come into force, if the later regime does not expressly disqualify such qualification.

---