2013 (10) TMI 896 - HC - Customs

Court orders issuance of Customs House Agents License to petitioner under 2004 regulations, granting relief in writ petition

The court directed the respondents to issue the necessary certificate for granting the Customs House Agents License to the petitioner under the 2004 ... Eligibility for Customs House Agent licence on the basis of examinations held under earlier regulations - operation of saving clause in successor regulations - requirement to pass additional papers introduced by subsequent regulations - grant of licence subject to compliance with continuing eligibility requirementsEligibility for Customs House Agent licence on the basis of examinations held under earlier regulations - operation of saving clause in successor regulations - grant of licence subject to compliance with continuing eligibility requirements - Whether the petitioner, having passed the written and oral examinations under the Customs House Agents Licensing Regulations, 1984, is entitled to grant of a Customs House Agent licence despite introduction of the 2004 Regulations which required additional papers. - HELD THAT: - The court noted that the petitioner had qualified in both the written and oral examinations held under Regulation 9 of the 1984 Regulations and that the 2004 Regulations expressly saved actions taken under earlier regulations while introducing additional papers to be cleared by earlier qualifiers. Reliance was placed on earlier High Court orders and the Supreme Court decision in Sunil Kohli which sustained the principle that those who had cleared examinations under the 1984 Regulations are eligible for licence subject to fulfillment of other eligibility conditions, given the saving provision in the 2004 Regulations. The respondents did not demonstrate that the petitioner was rendered ineligible under the 2004 Regulations. Applying these precedents and the saved actions doctrine, the court directed issuance of the certificate granting the Customs House Agent licence to the petitioner under Regulation 9 of the 2004 Regulations, subject to the petitioner complying with requirements prescribed under Regulation 10 within the time ordered. [Paras 7, 8]Direction to respondents to issue Customs House Agent licence to the petitioner under Regulation 9 of the 2004 Regulations on compliance with Regulation 10 within eight weeks.Final Conclusion: Writ petition allowed; respondents directed to grant the Customs House Agent licence to the petitioner in accordance with Regulation 9 of the 2004 Regulations subject to fulfillment of Regulation 10 requirements within the prescribed period. Issues:Grant of Customs House Agents License under different regulations.Analysis:The petitioner appeared in the Customs House Agent written and oral examinations under Regulation 9 of the Customs House Agents Licensing Regulations, 1984, and was declared qualified by the Commissioner of Customs. The regulations governing the grant of license have evolved over the years, starting from 1965 to the latest regulations in 2004. The new regulations in 2004 required those who passed exams under the 1984 regulations to pass additional papers. A previous court order directed the issuance of licenses to petitioners who qualified in the written exam before the new regulations came into force, even if they passed the oral exam after. This decision was upheld in a writ appeal. A Gujarat High Court decision and a previous Madras High Court decision also supported issuing licenses to those who qualified under old regulations.The petitioner's counsel relied on a Supreme Court decision that upheld the eligibility of those who cleared exams under the 1984 regulations for license grants under the 2004 regulations, provided they meet other eligibility conditions. The petitioner had passed both written and oral exams before the new regulations took effect. The respondents' counsel could not establish the petitioner's ineligibility under the new regulations. The petitioner fulfilled the requirements under the old regulations, and there was no dispute regarding passing the exams under the 1984 regulations. Consequently, the court directed the respondents to issue the necessary certificate for granting the Customs House Agents License to the petitioner under the 2004 regulations, subject to compliance with Regulation 10 within eight weeks from the date of the order. The writ petition was allowed without costs.