Court orders issuance of customs broker license after finding changing cut-off marks impermissible. Criteria consistency emphasized.

The High Court directed the issuance of a customs broker license to the petitioner after finding that changing cut-off marks for the oral examination mid-process was impermissible. The petitioner, who scored 50 marks in the examination, was confirmed to have qualified through RTI replies. The court emphasized that criteria should remain consistent throughout the selection process and ordered the license to be issued within four weeks, with verification mandated within two weeks. The Respondent was given contact information for clarifications, and the petition was allowed, disposing of all pending applications.

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Issues:
Petition seeking issuance of a customs broker license based on changing cut-off marks for an oral examination after the examination process had commenced.

Analysis:
The petitioner filed a petition seeking a customs broker license, contending that the cut-off marks for the oral examination were increased from 50 to 60 after the examination process had begun, resulting in his disqualification. The petitioner argued that changing the cut-off marks mid-process was unfair and sought the license on this ground.

Three similar writ petitions raised the same issue regarding changing cut-off marks for the oral examination after the examination notice was issued. A previous judgment by a Single Judge held that altering the cut-off marks after the examination notice was impermissible. The Single Judge emphasized that the criteria could not be changed midway through the selection process, maintaining that candidates should be assessed on the same parameters consistently.

The Single Judge's conclusion directed the respondents to issue licenses to the petitioners as Custom Brokers, emphasizing that the criteria could not be altered during the examination process. The petitioner's counsel argued that the previous judgment covered the petitioner's case, which was not disputed by the Respondent's counsel. The petitioner's qualification in the oral examination was confirmed through RTI replies, where he scored 50 marks.

Given the previous judgment's decision in favor of the petitioners and the petitioner's qualification with 50 marks in the oral examination, the High Court directed the issuance of the customs broker license to the petitioner. The verification process of the petitioner's score was mandated within two weeks, with the license to be issued within four weeks. The Respondent was provided with contact information for any necessary clarifications, and the petition was allowed with all pending applications disposed of.

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