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2008 (12) TMI 146 - HC - CustomsCHA- Oral examination - two year period mentioned in clause 8(3) be construed with reference to the date of publication of the results - Accordingly, respondents are directed to offer the petitioner another chance of oral examination on or before 22-3-2009 and if he passes the said examination, he must be treated as having been rendered eligible in terms of clause 8(3) of the Regulations and further steps be taken pursuant thereto.
Issues: Interpretation of Customs House Agents Licensing Regulations, 1984 - Applicability of clause 8(3) and clause 8(5) - Calculation of time period for passing oral examination
In this judgment, the petitioner, a Customs House Agent with a temporary license, challenged the requirement to pass written and oral examinations separately under clause 8 of the Customs House Agents Licensing Regulations, 1984. The petitioner had passed the written examination in December 2006, and the results were published in March 2007. The main contention was whether the two-year period mentioned in clause 8(3) for passing the oral examination should be calculated from the date of the written examination or the date of publication of results. The petitioner argued for the latter interpretation to avail the full two-year period. The court analyzed the regulations and held that the applicant should be given the benefit of a reasonable time frame to clear the oral examination, regardless of the number of chances. Thus, the court interpreted that the two-year period in clause 8(3) should be calculated from the date of publication of results, not the date of the written examination. Consequently, the court directed the respondents to provide the petitioner with another chance for the oral examination before a specified date, and if passed, the petitioner would be considered eligible under clause 8(3) for further proceedings. The court clarified that the cancellation of the temporary license would not hinder the petitioner's eligibility for the oral examination. The writ petition was disposed of in favor of the petitioner, granting the requested relief regarding the interpretation of the regulations and the calculation of the time period for passing the oral examination.
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