2009 (8) TMI 420 - HC - Customs

Written and oral examination- The petitioner has cleared the written examination conducted by the Director General of Inspection for being licensed as a Custom House Agent held under the Customs House Agents Licensing Regulations, 2004. . In terms of the Regulation 8(1), the petitioner is also required to clear the oral examination before the said licence is granted. The Regulation 8(1) also stipulates that written as well as oral examination shall be conducted by the Director General of Inspection at specified centres and specified dates, twice every year and intimation shall be sent to individual in advance. It is an admitted position that the respondents were not able to conduct the two oral examinations in the year 2007. The petitioner had appeared in the said oral examinations but failed. However, the respondents have not conducted the second oral examination, which was required to be conducted in 2007 in terms of Regulation 8(1). Thus the petitioner is deprived of one opportunity to clear the oral examination in terms of the regulations. Held that- the present writ petition is allowed. The petitioner will be called and permitted to appear in the next oral examination, which will be held by Director General of Inspection, Customs and Central Excise.

Issues:
- Interpretation of Regulations 8(1) and 8(3) of Customs House Agents Licensing Regulations, 2004 regarding oral examinations.
- Failure to conduct the required number of oral examinations within the stipulated timeframe.
- Deprivation of opportunities for candidates to clear the oral examination.
- Justification for the failure to hold examinations as per regulations.
- Unfair treatment of candidates due to lack of examination opportunities.

Interpretation of Regulations 8(1) and 8(3):
The judgment dealt with the interpretation of Regulations 8(1) and 8(3) of the Customs House Agents Licensing Regulations, 2004. Regulation 8(1) mandated both written and oral examinations to be conducted by the Director General of Inspection for licensing as a Custom House Agent. On the other hand, Regulation 8(3) stipulated that candidates who cleared the written examination but failed in the oral examination had to clear the oral examination within two years. This meant candidates had four opportunities within two years to clear the oral examination.

Failure to Conduct Required Oral Examinations:
The issue arose when the respondents failed to conduct two oral examinations in 2007 as required by the regulations. Despite the petitioner participating in the oral examinations held in subsequent years and failing, the lack of the second examination in 2007 deprived the petitioner of one opportunity to clear the oral examination.

Deprivation of Opportunities for Candidates:
The court highlighted that the failure to hold the required number of oral examinations resulted in candidates being deprived of the full four chances to clear the oral examination within the stipulated two-year period. This deprivation was seen as unfair treatment and a hindrance to candidates seeking employment as Custom House Agents.

Justification for Examination Failures:
The respondents attempted to justify their failure to conduct examinations as required by stating that the examination process should be conducted by another entity, which was denied by the Central Board of Excise and Customs. However, the court found this justification untenable as it led to candidates like the petitioner being deprived of opportunities for employment.

Unfair Treatment and Court Decision:
Based on the analysis of the regulations and the actions of the respondents, the court concluded that the petitioner had been unfairly treated by being denied the opportunity to appear in the required number of oral examinations. Therefore, the court directed the respondents to call the petitioner for the next two oral examinations to compensate for the missed opportunities, ensuring the petitioner's chance to obtain a Custom House Agents license. The writ petition was allowed, and the petitioner was granted the opportunity to participate in the upcoming oral examination based on having cleared the written examination.

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