2013 (10) TMI 896 - HC - Customs

Granting of CHA license CHA are governed under regulation Customs House Agents Licensing Regulations, 1984 & 2004 To carry the business as CHA, agent is required to get license from prescribed authority the applicant is required to clear the written as well as oral examinations to be held in terms of Clause 8 of those regulations to get license Held that - The examinations held under the 1984 Regulations did not get nullified with the enactment of the 2004 Regulations and the candidates who had qualified the examinations held under the 1984 Regulations are not required to again qualify the examination which may be held under the 2004 Regulations. As a corollary, it must be held that those who had cleared the examinations held between 1995 and 2003 under the 1984 Regulations would be eligible for grant of licence subject to their fulfilling other conditions of eligibility - Following decision of SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS 2012 (10) TMI 638 - SUPREME COURT - Decided in favour of petitioner.

Summary

Issues:
Grant of Customs House Agents License under different regulations.

Analysis:
The petitioner appeared in the Customs House Agent written and oral examinations under Regulation 9 of the Customs House Agents Licensing Regulations, 1984, and was declared qualified by the Commissioner of Customs. The regulations governing the grant of license have evolved over the years, starting from 1965 to the latest regulations in 2004. The new regulations in 2004 required those who passed exams under the 1984 regulations to pass additional papers. A previous court order directed the issuance of licenses to petitioners who qualified in the written exam before the new regulations came into force, even if they passed the oral exam after. This decision was upheld in a writ appeal. A Gujarat High Court decision and a previous Madras High Court decision also supported issuing licenses to those who qualified under old regulations.

The petitioner's counsel relied on a Supreme Court decision that upheld the eligibility of those who cleared exams under the 1984 regulations for license grants under the 2004 regulations, provided they meet other eligibility conditions. The petitioner had passed both written and oral exams before the new regulations took effect. The respondents' counsel could not establish the petitioner's ineligibility under the new regulations. The petitioner fulfilled the requirements under the old regulations, and there was no dispute regarding passing the exams under the 1984 regulations. Consequently, the court directed the respondents to issue the necessary certificate for granting the Customs House Agents License to the petitioner under the 2004 regulations, subject to compliance with Regulation 10 within eight weeks from the date of the order. The writ petition was allowed without costs.