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Issues involved:
Petitioner seeking writ of mandamus for extension of temporary Custom House Agents License validity and permission to write examination under Customs House Agents Licensing Regulations, 1984. Analysis: 1. Extension of License Validity: The petitioner, a proprietor of a forwarding company, applied for a Customs House Agents License in 1998, which was granted and extended until 2000. The license required passing an examination under Regulation 9 of the Customs House Agents Licensing Regulations, 1984. The petitioner failed the examination thrice within the stipulated two-year period from the date of the temporary license issuance. 2. Regulation 9 Interpretation: The Department contended that Regulation 9 allows candidates a maximum of three chances to pass the examination within two years. The petitioner's request to write the exam after the expiry of two years and three failed attempts was deemed unsustainable by the Department. 3. Legal Precedent: The petitioner's counsel cited a Supreme Court case, asserting that an extended license should provide additional chances to clear the examination. However, the court found the cited case inapplicable to the petitioner's situation, as the facts differed significantly. The Supreme Court emphasized that candidates must adhere to the regulations' time limits and chances for examination clearance. 4. Court's Decision: The High Court dismissed the writ petition, emphasizing the specificity of Regulation 9's requirements. The court highlighted that issuing a mandate contrary to the regulations, as requested by the petitioner, was not permissible. The court also referred to the Supreme Court's stance on not extending the time period stipulated under the Regulations, except under specific circumstances of grace, which did not apply to the petitioner's case. In conclusion, the court found no merit in the petitioner's plea for an extension beyond the Regulation's prescribed limits and dismissed the writ petition without costs.
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