2011 (9) TMI 629 - HC - Customs

Writ - Certificate under Customs House Agents Licensing Regulations (CHAIR) - Held That - When written examination were cleared and oral examination were postponed to a date when the new regulations had come into effect, it does not mean petitioners have to come under the new regulations.

Summary

Issues:
1. Interpretation of Regulation 8 of the Customs House Agents Licensing Regulations (CHAIR), 2004.
2. Allegation of discrimination in granting license certificates to individuals who cleared examinations under old regulations.

Interpretation of Regulation 8 of CHAIR, 2004:
The judgment revolves around a writ petition seeking a direction for the issuance of a certificate under Regulation 8 of the Customs House Agents Licensing Regulations (CHAIR), 2004. The petitioners had cleared written examinations in 2003, and oral examinations were conducted on specific dates. The learned single Judge allowed the writ petition, emphasizing that the petitioners, who underwent written examinations under old regulations, should not be subjected to new regulations merely because the oral examination was postponed to a date after the new regulations came into effect. The Judge highlighted that similar individuals in New Delhi were granted license certificates under old regulations, indicating discrimination against the petitioners. Consequently, the Judge directed the appellant to consider the petitioners' case and grant the relief sought.

Allegation of Discrimination:
The judgment addresses the issue of alleged discrimination in granting license certificates to individuals who cleared examinations under old regulations. The Judge noted that individuals in a similar position, who underwent written and oral examinations under old regulations, were issued license certificates in the Commissionerate of Customs, New Delhi. The Judge found the respondent unjustified in discriminating against the petitioners, who were similarly placed. The Judge emphasized that the petitioners, having fulfilled the examination requirements under old regulations, were entitled to have the certificate issued under Regulation 8 of CHAIR, 2004. The Judge dismissed the writ appeal, upholding the single Judge's decision to grant the relief sought by the petitioners and found no reason to interfere with the decision.

In conclusion, the judgment delves into the interpretation of Regulation 8 of the Customs House Agents Licensing Regulations (CHAIR), 2004, and addresses the issue of alleged discrimination in granting license certificates. The decision emphasizes the importance of upholding fairness and consistency in licensing procedures, especially when individuals have fulfilled examination requirements under previous regulations. The judgment ultimately upholds the relief granted to the petitioners and dismisses the writ appeal, highlighting the need to prevent discrimination and ensure equal treatment in licensing processes.