2023 (1) TMI 698 - HC - Customs

Seeking grant of customs broker License - increase in the cut off marks after the examination process had commenced - HELD THAT - Similar issues related to the same examination were raised in three writ petitions wherein the ld. Single Judge of this Court had, by a detailed order in RAJESH KUMAR VERSUS UNION OF INDIA ORS, PAWAN KUMAR VERSUS UNION OF INDIA ORS AND MS. PRIYANKA RAI VERSUS DIRECTORATE GENERAL OF PERFORMANCE MANAGEMENT AND ORS. 2022 (3) TMI 516 - DELHI HIGH COURT , held that the cut off marks could not have been changed after the examination notice was issued. In view of the fact that the identical issue has been decided by this Court in favour of the Petitioner it is directed that the Petitioner be issued the customs broker license, subject to verifying that the Petitioner has scored 50% and above in the oral examination. The verification process shall be conducted within two weeks and the license shall be issued within four weeks. Petition allowed.

Summary

Issues:
Petition seeking issuance of a customs broker license based on changing cut-off marks for an oral examination after the examination process had commenced.

Analysis:
The petitioner filed a petition seeking a customs broker license, contending that the cut-off marks for the oral examination were increased from 50 to 60 after the examination process had begun, resulting in his disqualification. The petitioner argued that changing the cut-off marks mid-process was unfair and sought the license on this ground.

Three similar writ petitions raised the same issue regarding changing cut-off marks for the oral examination after the examination notice was issued. A previous judgment by a Single Judge held that altering the cut-off marks after the examination notice was impermissible. The Single Judge emphasized that the criteria could not be changed midway through the selection process, maintaining that candidates should be assessed on the same parameters consistently.

The Single Judge's conclusion directed the respondents to issue licenses to the petitioners as Custom Brokers, emphasizing that the criteria could not be altered during the examination process. The petitioner's counsel argued that the previous judgment covered the petitioner's case, which was not disputed by the Respondent's counsel. The petitioner's qualification in the oral examination was confirmed through RTI replies, where he scored 50 marks.

Given the previous judgment's decision in favor of the petitioners and the petitioner's qualification with 50 marks in the oral examination, the High Court directed the issuance of the customs broker license to the petitioner. The verification process of the petitioner's score was mandated within two weeks, with the license to be issued within four weeks. The Respondent was provided with contact information for any necessary clarifications, and the petition was allowed with all pending applications disposed of.