2012 (11) TMI 782

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....04). The appellant had passed the examination under Regulation 9 of the Customs House Agents Licence Regulation, 1984 (hereinafter referred to as CHALR-84). The appellant's application for issue of CHA licence was rejected by the Commissioner on the ground that since she is only a graduates not having a professional degree i.e. CA/MBA/LLB/Diploma in Customs clearance work, or a G-Card, in terms of Regulation 6(a) of CHALR-04 she was required to have passed the examination as prescribed under Regulation 8 of CHALR-04 and since she has not passed this examination, but has passed the examination as prescribed under Regulation 9 of the CHALR-84, and that too from Delhi Commissionerate, she is not eligible for the grant of the licence. The decis....

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....sioner. We do not find anything wrong with such decision and therefore, we do not find any reason to interfere with the order of the Commissioner (Appeals). Needless to say that the Jurisdictional Commissioner shall consider the application of the respondent and pass order in accordance with law." 1.1 In pursuance of the Tribunal's Final Order dated 30-12-2010, the matter was adjudicated by the Commissioner vide order-in-original dated 4-1-2011 by which the Commissioner after hearing the appellant rejected the application for grant of CHA licence. The ground for rejection are as under :- (a)    The qualification of the appellant does not meet the requirement, as prescribed under Regulation 6(a) of CHALR-04, as she ....

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..... 6. We have carefully considered the submissions from both the sides and perused the records. 7. The main point of dispute in this case is as to whether the appellant is qualified to be issued a CHA licence or not in terms of CHALR-04. The Public Notice inviting applications for issue of CHA licence has been issued by Commissioner of Customs, Lucknow under Regulation 4 of the CHALR-04, Regulations 6 of the CHALR-04 prescribes the conditions to be fulfilled by the applicants and Regulations 6(a) prescribes the necessary qualification. There is no dispute about the fulfilment of the conditions 6(b) regarding financial viability and 6(c) regarding citizenship. The dispute is regarding fulfilment of Conditions 6(a). According t....

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....R-04 in respect of additional subjects as provided in Notification No. 30/10-Cus. (N.T.), dated 8-4-2010 and the persons who qualify in the aforesaid examination shall be deemed to have passed the examination under Regulation 8 of CHALR-04 and would be considered for grant of CHA licence in terms of Regulation 9 of CHALR-04. These instructions of the Board have been reiterated in the Circular No. 25/2011-Cus., dated 22-6-2011, wherein the Board has also clarified that the requirement of number of licences in a Customs House/Customs Commissionerate charge would be determined by the market forces and no numeric criteria can be fixed and accordingly the board directed that all the eligible candidates should be granted licences. We find that th....