2019 (11) TMI 969 - HC - Customs

Customs Broker License - Eligibility to appear for written examination prescribed for issuance of Customs Broker License - it is alleged that the petitioner had completed his Master s Degree from a foreign University, but had not submitted any proof to the effect that Degree awarded is equivalent to M.B.A. Degree awarded by Universities recognised by UGC/AICTE - HELD THAT - A plain reading of the conditions prescribed in CBLR, 2013 reveals that the aspiring applicants should be a graduate from a recognised University and should possess one of the qualifications prescribed under Regulation 5(f)(ii). Effectively, if the applicant possesses a professional degree such as Master s degree, along with Graduation from a recognised University, he would be qualified to participate in the written examination subject to other qualifications. The impugned order seems to refer to a disqualification by quoting a Degree obtained by the petitioner from a foreign university. Apparently, the Master s Degree in Science obtained by the petitioner from Indian Institute of Technolgoy, Madras in the year 1977 has been lost sight of by the respondents, which can also be considered as a requisite qualification as prescribed under the Regulations - Apparently, the impugned order is contrary to the CBLR Regulations. In view of the fact that the petitioner has possessed both a Bachelor s Degree as well as Master s Degree in Science from the Indian Institute of Technology, Madras, he is deemed to have qualified himself to take up the written examination for Customs Broker License - Petition allowed.

Summary

Issues:
- Interpretation of Customs Brokers Licensing Regulations, 2013 regarding educational qualifications for Customs Broker License application.

Analysis:
The judgment revolves around the interpretation of the Customs Brokers Licensing Regulations, 2013 (CBLR) concerning the educational qualifications required for obtaining a Customs Broker License. The petitioner applied for the written examination for the license but received a rejection order citing the lack of proof that his foreign Master's Degree was equivalent to an MBA degree recognized by UGC/AICTE. The petitioner possessed a Bachelor's Degree in Science from the University of Madras, a Master's Degree in Science in Chemistry from Indian Institute of Technology, Madras, and a Master's Degree in Business Administration from an International University in Louisiana.

Upon analyzing Regulation 5(f)(i) and (ii) of the CBLR, it was evident that an applicant should be a graduate from a recognized University and possess a professional degree such as a Master's degree in Accounting, Finance, Management, CA/MBA/LLB, or relevant experience in Customs Broker work. The court noted that the petitioner met these requirements as he held both a Bachelor's and Master's Degree from recognized institutions, making him eligible to participate in the written examination.

The impugned order was deemed incorrect as it focused on disqualifying the petitioner based on his foreign Master's Degree while overlooking his relevant qualifications from Indian institutions. The court highlighted that the petitioner's Master's Degree in Science from Indian Institute of Technology, Madras, was a valid qualification as per the Regulations, making the rejection unwarranted. Consequently, the court set aside the rejection order and directed the publication of the petitioner's exam results. If qualified, the petitioner was to proceed to the oral interview without further scrutiny of his educational qualifications, to be completed within thirty days from the order's receipt. The writ petition was allowed without costs, and the Miscellaneous Petitions were closed.