2011 (9) TMI 974 - HC - Customs

Right for licence - When the petitioner was waiting for the Application for agents the procedure for appointment was revised with effect from 23.02.2004. Therefore the respondents are denying the right of the petitioner to have the licence stating that the petitioner is required to undergo exam again - Held that - the new regulations will not be applicable to the petitioner - the persons who had passed the required tests under the old regulation were issued licence by the Commissioner of Customs New Delhi - the 3rd respondent is directed to grant Customs House Agents Licence under regulation 8 of the Customs House Agents Licensing Regulations (CHALR) 2004 to the petitioner - petition allowed - decided in favor of petitioner.

Summary

Issues:
- Petition for writ of Mandamus directing the 3rd respondent to issue a certificate under Regulation 8 of the Customs House Agents Licensing Regulations (CHALR) 2004.
- Denial of the petitioner's right to a license under new regulations despite being declared "qualified" in previous examinations.
- Challenge of the new regulations by the petitioner.
- Previous court orders directing the grant of licenses to similarly situated persons.

Analysis:
The judgment delivered by Justice N. Kirubakaran of the Madras High Court addressed the issue of the petitioner seeking a writ of Mandamus to direct the 3rd respondent to issue a certificate under Regulation 8 of the Customs House Agents Licensing Regulations (CHALR) 2004. The petitioner had been declared "qualified" in written and oral examinations conducted in 1997 and 1999 under the previous regulations. However, due to a revision in the appointment procedure in 2004, the respondents were denying the petitioner the right to a license, insisting on the petitioner undergoing the exam again. The petitioner challenged the new regulations, citing previous court orders that directed the grant of licenses to similarly situated individuals and highlighted instances where licenses were issued to those who had passed tests under the old regulations. In light of these circumstances, the court directed the 3rd respondent to grant the Customs House Agents License to the petitioner within four weeks, emphasizing compliance with Regulation 8 of the CHALR 2004. The writ petition was disposed of without any costs being imposed.