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 regulations, subject to compliance with Regulation 10 within eight weeks from the date of the order. The writ petition was allowed without costs.

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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.

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