Customs broker licence renewal cannot be denied when earlier examination qualification remains valid under the later regulatory regime.

A Customs Broker licence renewal could not be refused merely because the partner had not passed the Chennai Customs examination, where the partner had already qualified under Regulation 9 of the Customs House Agents Licensing Regulations, 1984. Regulation 6 of the Customs Brokers Licensing Regulations, 2013 exempts a person who has passed the earlier 1984 or 2004 examination from any further examination, so the earlier qualification remained sufficient for renewal. The refusal based on Board Circular No. 42 of 2004 and the place of examination was therefore unsustainable. The writ petition succeeded, the impugned order was set aside, and renewal had to be reconsidered in accordance with Regulation 6.

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Issues: Whether a Customs Broker licence renewal could be refused on the ground that the partner had not passed the Chennai Customs examination, despite having already passed the examination under Regulation 9 of the Customs House Agents Licensing Regulations, 1984, and whether Regulation 6 of the Customs Brokers Licensing Regulations, 2013 barred insistence on any further examination.

Analysis: The partner had already qualified under Regulation 9 of the 1984 Regulations. Regulation 6 of the Customs Brokers Licensing Regulations, 2013 expressly exempts a person who has passed the examination under Regulation 9 of the 1984 Regulations or Regulation 8 of the 2004 Regulations from appearing for any further examination. The refusal was founded only on Board Circular No.42 of 2004 and the place of examination, but the governing regulation recognized the earlier qualification as sufficient. The Court also applied the earlier decision on the same legal question, which held that once the examination is cleared, the qualification remains valid for licensing purposes and the place of examination does not defeat eligibility.

Conclusion: The refusal to renew the licence on the ground of non-passing of the Chennai examination was unsustainable. The petitioner was entitled to renewal, and the impugned order was liable to be set aside.

Final Conclusion: The writ petition succeeded, and the respondent was required to reconsider the petitioner's claim in accordance with Regulation 6 of the Customs Brokers Licensing Regulations, 2013.

Ratio Decidendi: A person who has already passed the prescribed examination under the earlier Customs House Agents Licensing Regulations cannot be compelled to undergo a fresh examination under the later regulatory regime, and renewal of a customs broker licence cannot be denied merely because the earlier qualification was obtained from a different commissionerate.

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