2023 (1) TMI 698

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....sued on 27th April, 2018 by Respondent no. 2 - Directorate General of Performance Management Customs, Central Excise and Service Tax for conduct of customs broker examination. The said examination was conducted on 15th March, 2019. The Petitioner had appeared in the examination. He was informed on 30th April, 2019 that he had qualified the online written examination and was entitled to appear in the oral examination. Before the commencement of the said examination, the passing marks for the oral examination had been fixed at 50 marks. However, once the examination process begun, the same was increased to 60 marks. Due to this increase in cut off marks, since the Petitioner did not satisfy the score of 60, he was declared as an unsuccessful ....

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....process, which was initiated under the CBLR,2013. 18. It cannot be disputed the selection process with regard to the petitioner had started under CBLR, 2013 and it is also conceded by Mr. Harpreet Singh that under the CBLR,2013, a candidate is entitled to appear in oral examination, on two occasions within a span of two years. The petitioners herein did appear in the oral examination, once but had not qualified. The second chance of oral examination in which the petitioners were eligible/entitled to appear, cannot be on different parameters. Otherwise, there would be anomaly, inasmuch as for written examination they were assessed at 50 marks, but for oral examination at 60 marks. Further, the right of consideration on same paramete....