2016 (9) TMI 1168

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....rit of certiorarified mandamus to quash the circular, issued by the third respondent, dated 28.12.2015, and to direct the respondents to accept the application, dated 02.11.2015, filed by him for the grant of Custom Broker Licence, and to permit him for writing examination, conducted under the Regulation 6 of Customs Broker Licence Regulation, 2013 (CBLR). 3. The petitioner's case is that, he is fully eligible for being recognized as a Customs Broker, in accordance with Rule 5 (f) (ii) of CBLR. Inspite of the same, he was not allowed to sit for the written examination. 4. The Court, having prima facie found that the petitioner possesses the requisite qualification, granted interim order on 27.01.2016, permitting the petitioner to ....

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....hen, he shall be permitted to attend the oral interview. However, the results shall be withheld until further orders from this Court. It appears that the interview in Chennai is to be completed today and the interview in Coimbatore will be conducted tomorrow and in the event, the petitioner secures the required cut-off mark in the written examination, then the petitioner shall be permitted to appear at Coimbatore tomorrow for the oral interview. 8. List the matter on 11.08.2016." 5. Thus, this Court, after considering the counter affidavit filed by the respondents, wherein, the qualification possessed by the petitioner was stated, and having found that the petitioner possesses the qualification issued by the Institute of Company....

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....ritten examination. Thus, the next issue is whether the petitioner should be permitted to participate in the oral interview. Taking into consideration the qualification possessed by the petitioner, this Court recorded a prima-facie finding that the petitioner would be eligible to participate in the oral interview and the operative paragraphs of the order read as follows: "5. The petitioner possess a qualification issued by the Institute of Company Secretaries as well as the Institute of Cost and Works Accountants of India. This Court, on perusal of the CBLR, 2013, in particular, regulation 5[f][ii], noted that among the qualifications prescribed, the qualifications, viz., ACMA and FCMA had been prescribed. 6. To obtain a c....

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.... direction issued on 19.08.2016, (as quoted supra), the respondents have declared the result of the petitioner in the oral examination, and it is stated that the petitioner has passed the oral examination. 7. Thus, considering the peculiar facts and circumstances of the case, and taking note of the qualification possessed by the petitioner, this Court is of the view that the petitioner should be considered for the grant of Custom Broker Licence. However, this observation is made only by considering the peculiar facts of this case, and this shall be not be treated as precedent. 8. Furthermore, in the light of the fact that the petitioner has come out successful, both, in the written and oral examinations, and taking note of the qualifi....