2024 (2) TMI 146 - HC - Customs

Court Orders Issuance of Customs Brokers License After Impermissible Change in Passing Marks Rejected.

PANKAJ MEHNDIRATTA Versus UNION OF INDIA

The HC ruled in favor of the petitioner, who sought a Customs Brokers License, after initially being denied due to a mid-process change in passing marks ... Seeking direction to the respondents to declare him as a qualified candidate as per Customs Brokers Licensing Regulations, 2013 and to issue the Customs Brokers License - HELD THAT:- It is well settled that when a citizen aggrieved by the action of a Government Department has approached the Court and obtained a declaration of law in his favour, others, in like circumstances, should be able to rely on the sense of responsibility of the department concerned and to expect that they will be given the benefit of this declaration without the need to take their grievances to Court. Applying this principle to the present case, it was the duty of the Respondents to extend the benefit of the Order dated 18-2-2022 to the Petitioner herein without expecting that every candidate who has secured more than 50 marks in the oral examination must run to this Court to obtain a declaration in their favour. The Respondents are directed to issue Customs Brokers License to the Petitioner herein in light of the Order dated 18-2-2022, which has attained finality - Petition allowed. Issues Involved:The petitioner seeks a direction to declare him as a qualified candidate as per Customs Brokers Licensing Regulations, 2013 and to issue the Customs Brokers License to him.Details of the Judgment:1. The petitioner applied for a Customs Brokers License and cleared the written examination but failed the oral examination. After clearing the second attempt of the oral examination with 52 marks, he was denied the license due to a change in the minimum passing marks from 50 to 60 mid-way through the process.2. Certain candidates who scored between 50-60 marks in the oral examination approached the Court, and it was held that changing the rules mid-way was impermissible. The Court directed the issuance of Customs Brokers Licenses to those petitioners.3. The petitioner argued that he should receive the same benefit as those granted licenses by the Court and challenged the rejection of his candidature.4. The Court noted that the petitioner had cleared both rounds of examination and that similarly situated candidates had obtained relief through Court orders. It emphasized that others in similar circumstances should benefit from such declarations without having to approach the Court individually.5. Applying the principle that candidates should not have to seek individual court orders for the same relief, the Court directed the issuance of the Customs Brokers License to the petitioner in line with the previous Court order.6. The writ petition was allowed, and the Respondents were directed to issue the Customs Brokers License to the petitioner based on the previous Court order, which had attained finality. Any pending applications were also disposed of accordingly.