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2010 (3) TMI 1137 - HC - CustomsCertificate issued under Regulation 8 of the Customs House Agents Licensing Regulations (CHAIR), 2004 - change in regulations - Held that - the regulation on selection process was revised with effect from 23.2.2004 only. As far as the petitioners are concerned, the exams were conducted as per the old regulations. By mere change of the oral examination being postponed to a date when the new regulations had come into effect does not mean that the petitioners, who had done their written exams, have to come under the new regulations - even though oral examinations were conducted on the date when the new regulations were made, the petitioners are entitled to have the certificate issued under Regulation 8 of the Customs House Agents Licensing Regulations (CHAIR), 2004 - there is no justification in any discrimination as regards the petitioners who are similarly placed - petition allowed - decided in favor of petitioner.
Issues:
Mandamus for certificate under Regulation 8 of CHAIR, 2004. Analysis: The petitioners sought mandamus to direct the respondent to issue the certificate under Regulation 8 of the Customs House Agents Licensing Regulations (CHAIR), 2004, similar to those granted to others in Commissionerate of Customs, New Delhi. The petitioners had cleared written exams in 2003 and oral exams in 2004, conducted under old regulations before the revision in 2004. The petitioners, despite oral exams coinciding with the new regulations' introduction, were not automatically placed under the new regulations. The court noted that similarly situated individuals in New Delhi were granted certificates even after the new regulations came into effect. The court found no justification for discriminating against the petitioners based on the timing of the oral exams vis-a-vis the new regulations. The court held that the petitioners, despite oral exams being conducted under the new regulations' timeframe, were entitled to receive the certificate under Regulation 8 of CHAIR, 2004. The judgment allowed the writ petition, directing the respondent to consider the petitioners' case and grant them relief without imposing any costs.
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