Saving clause under licensing regulations preserves prior qualification for customs house agent licence despite new regime

A saving clause in the Customs House Agents Licensing Regulations, 2004 preserved examinations already completed under the 1984 Regulations, so a candidate who had passed the written and oral tests before the new regime could not be denied licence consideration solely because the later regulations came into force. The court noted that earlier decisions supported transitional protection for such candidates, subject to compliance with the remaining requirements under the 2004 Regulations. On that basis, the rejection letter was set aside and the petitioner was directed to be considered for issuance of the licence upon fulfilment of the prescribed conditions.

---

---

Issues: Whether the petitioner, having 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 Agent licence under the new regime.

Analysis: The petitioner had completed the examinations prescribed under the earlier regulatory regime and the subsequent regulations of 2004 expressly saved things done or omitted to be done under the previous regulations. The objection that the petitioner lost his entitlement merely because the new regulations had come into force was not accepted. The reasoning was reinforced by earlier decisions holding that candidates who had already qualified under the 1984 Regulations could not be denied the benefit of licence issuance under the transitional scheme, subject to compliance with the remaining requirements under the new regulations.

Conclusion: The petitioner was entitled to consideration for issuance of the Customs House Agent licence, and the rejection letter was set aside.

Final Conclusion: The writ petition succeeded and the respondents were directed to grant the licence upon compliance with the prescribed requirements under the 2004 Regulations.

Ratio Decidendi: Where a later regulatory regime contains a saving clause preserving actions already completed under the earlier regime, a candidate who has already qualified under the old regulations cannot be denied the benefit of licence issuance solely because the new regulations have come into force.

---