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2016 (9) TMI 1168 - HC - CustomsPrayer for issuance of writ of certiorarified mandamus to quash the circular - accept application for the grant of Custom Broker Licence - permission to write examination, conducted under the Regulation 6 of Customs Broker Licence Regulation, 2013 (CBLR) - whether Inspite of eligibility for being recognized as a Customs Broker, in accordance with Rule 5 (f) (ii) of CBLR, the petitioner not allowed to sit for the written examination is justified? - Held that - when certain qualifications are listed out under the Regulations, it can be taken as an illustrative and not exhaustive. The Authorities are required to examine the nature of qualification possessed by the candidates, and as to whether, it would fall within the scope and ambit of the required qualification as per the Regulations contemplated under CBLR. The petitioner has been successful, both, in the written examination and oral examination. Also, the qualifications possessed by the petitioner are in conformity to the Regulation 5 (f)(ii) of CBLR - the respondents directed to consider the petitioner s application and grant Custom Broker Licence within a period of three weeks - this order shall not be treated as condition precedent, and the legal issue raised by the respondents left open - writ petition disposed off - decided in favor of petitioner.
Issues:
1. Challenge to circular for Custom Broker Licence application process. 2. Eligibility criteria for Customs Broker Licence. 3. Examination process for Custom Broker Licence. 4. Qualification requirements for Custom Broker Licence. 5. Discretion of authorities in granting Custom Broker Licence. Issue 1: Challenge to Circular for Custom Broker Licence Application Process The petitioner filed a Writ Petition seeking to quash a circular issued by the Customs Department and to direct acceptance of his application for a Custom Broker Licence. The petitioner alleged being eligible but was not allowed to sit for the written examination. The court granted an interim order allowing the petitioner to appear for the written examination, which he did. Subsequently, the court directed the evaluation of the petitioner's exam paper and participation in the oral interview if the required marks were obtained. The court emphasized the need to consider the peculiar facts of the case and that the judgment should not set a precedent. Issue 2: Eligibility Criteria for Customs Broker Licence The court examined the petitioner's qualifications, including memberships with the Institute of Company Secretaries of India and the Institute of Cost and Works Accountants of India. The court found the petitioner eligible for the oral test based on possessing qualifications like ACMA and FCMA. The court directed the authorities to release the results of the oral interview within a week, considering the petitioner's success in both written and oral examinations. The court noted the discretion of the authorities in granting the Custom Broker Licence based on the peculiar facts of the case. Issue 3: Examination Process for Custom Broker Licence After the petitioner passed the oral examination, the court opined that he should be considered for the Custom Broker Licence. The court highlighted the petitioner's academic qualifications, including Bachelor's and Master's degrees in Commerce and a Post Graduate Diploma in Financial Management. The court urged the authorities to exercise discretion in granting the licence, emphasizing that listed qualifications in the regulations could be illustrative and not exhaustive. The court left certain legal issues raised by the respondents open for future adjudication. Issue 4: Qualification Requirements for Custom Broker Licence The court acknowledged the petitioner's qualifications and success in the examinations, directing the authorities to consider his application and grant the Custom Broker Licence within three weeks. The court clarified that its order should not be a condition precedent and that the legal issues raised by the respondents remained open for future resolution. The Writ Petition was disposed of without costs, concluding the legal proceedings. This detailed analysis of the judgment highlights the court's considerations regarding the application process, eligibility criteria, examination process, qualification requirements, and the discretion of authorities in granting the Custom Broker Licence.
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