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Issues: Whether the petitioner, having already availed three chances within two years under Regulation 9 of the Customs House Agents Licensing Regulations, 1984, was entitled to a further opportunity to appear in the examination and to extension of the temporary licence beyond the regulatory limit.
Analysis: Regulation 9(1) and 9(2) permit a holder of a temporary licence to appear in the prescribed examination at the earliest opportunity and allow a maximum of three chances within two years from the date of grant of the temporary licence. The petitioner had already exhausted all three chances within that period. The fact that the temporary licence had been extended did not create any right to further examination attempts beyond the express limit fixed by the Regulations. The authority relied on by the petitioner was distinguished on facts, as it concerned candidates who had passed the written test but were seeking an additional opportunity for the oral test; it did not authorise extension of the regulatory time-limit or the number of chances where the prescribed attempts had already been exhausted.
Conclusion: The petitioner was not entitled to any further chance or extension contrary to Regulation 9, and the writ petition was liable to be dismissed.
Ratio Decidendi: A court cannot issue a mandamus granting additional examination opportunities or extending licence validity in a manner contrary to an express regulatory cap on the number of chances and the period within which they must be availed.
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