2012 (10) TMI 554 - HC - Customs

Denial of grant of licences to to act as Customs House Agent - change in procedures - old regulation v/s new regulation - Held that - Those who had cleared the examinations under the regulations issued in the year, 1984, would be eligible for the grant of licence, subject to their fulfilling the other conditions of eligibility, as the actions already taken under the earlier regulations issued in the year, 1984, had been saved by the new regulations issued in the year 2004. Therefore, the petitioner is eligible for the grant of Customs House Agents Licence, as he had passed the written, as well as the oral examination under Regulation 9 of the Customs House Agents Licensing Regulations, 1984 held prior to the coming into force of the new regulations in the year, 2004 - direction to the department to issue the necessary certificate granting the Customs House Agents Licence to the petitioner - against department.

Summary

Issues:
1. Eligibility for Customs House Agents Licence under different regulations.

Analysis:
The judgment by the High Court of Madras dealt with the issue of eligibility for a Customs House Agents Licence under various regulations. The petitioner had qualified in both the written and oral examinations under Regulation 9 of the Customs House Agents Licensing Regulations, 1984. The Regulations had undergone changes over the years, with the regulations issued in 2004 requiring those who passed the examinations under the 1984 regulations to pass another examination for additional papers introduced in 2004.

The Court referred to previous orders where petitioners who had qualified in the written examination before the new regulations of 2004 came into force were directed to be issued the Customs House Licence. The Court also mentioned a judgment by the Gujarat High Court that quashed the 2004 regulations. Another case cited was where the High Court directed the issuance of a licence to a petitioner who had passed the examinations before the new regulations were implemented.

The petitioner's counsel relied on a Supreme Court decision which upheld the eligibility of those who cleared the examinations under the 1984 regulations for the grant of licence under the 2004 regulations, provided they fulfilled other eligibility conditions. The respondents' counsels could not establish the petitioner's ineligibility under the new regulations. The Court, considering the contentions and precedents cited, directed the respondents to issue the necessary certificate granting the Customs House Agents Licence to the petitioner under the 2004 regulations, subject to compliance with the requirements within eight weeks from the date of the order. The writ petition was allowed with no costs.