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2012 (12) TMI 712 - HC - CustomsLicensing of Custom House Agent - old regulation v/s new regulation - Held that - As decided by Supreme Court, dated 27.4.2012, in Sunil Kohli Vs. Union of India 2012 (10) TMI 638 - SUPREME COURT 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.
Issues:
Grant of Customs House Agents License under different regulations. Analysis: The petitioner appeared in the Customs House Agent examinations under various regulations, starting from 1984 to 2004. The petitioner qualified in both written and oral examinations under the 1984 regulations. A previous court order directed the issuance of licenses to candidates who passed the written exam before the 2004 regulations came into force but cleared the oral exam afterward. Similar orders were issued by other courts as well. The petitioner relied on a Supreme Court decision that upheld the eligibility of candidates who passed exams under the 1984 regulations for license issuance under the 2004 regulations, subject to meeting other eligibility criteria. The respondents could not establish the petitioner's ineligibility under the 2004 regulations. Therefore, the court directed the respondents to issue the necessary license to the petitioner within eight weeks upon compliance with Regulation 10 of the 2004 regulations.
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