2012 (12) TMI 773 - HC - Customs

Customs House Agents Licence - Held that - As decided in SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS 2012 (10) TMI 638 - SUPREME COURT who had cleared the examinations under the regulations issued in the year, 1984, would be eligible for the grant of licence, subject to their fulfilling the other conditions of eligibility, as the actions already taken under the earlier regulations issued in the year, 1984, had been saved by the new regulations issued in the year 2004. There is no dispute that the petitioner had passed the written, as well as the oral examination under Regulation 9 of the Customs House Agents Licensing Regulations, 1984, which were existing prior to the coming into force of the new regulations in the year, 2004. Thus in such circumstances, this Court finds it appropriate to direct the department to issue the necessary certificate granting the Customs House Agents Licence to the petitioner, as per Regulation 9 of the Customs House Agents Licencing Regulations, 2004, within a period of eight weeks from the date of receipt of a copy of this order.

Summary

Issues:
Grant of Customs House Agents Licence under different regulations.

Analysis:
The petitioner appeared in the Customs House Agent written and oral examinations under Regulation 9 of the Customs House Agents Licensing Regulations, 1984. The petitioner was declared qualified in the examinations by the office of the Commissioner of Customs. The grant of license to the petitioner as a customs house agent is governed by various regulations issued over the years. The regulations issued in 1984 were later superseded by the Customs House Agents Licensing Regulations, 2004. Under the new regulations of 2004, individuals who passed examinations under the 1984 regulations were required to pass additional examinations for new papers introduced in 2004. However, previous actions taken under the 1984 regulations were saved under the new regulations of 2004.

The High Court had previously directed the Commissioner of Customs to issue Customs House Licences to petitioners who qualified in the written examination before the new regulations of 2004 came into force. This decision was upheld in a writ appeal. Similar decisions were made in other cases where petitioners had passed both the written and oral examinations before the new regulations of 2004. The petitioner in the present case falls into the same category, having qualified in both examinations before the new regulations were enforced.

The petitioner's counsel relied on a Supreme Court decision that upheld the eligibility of those who cleared examinations under the 1984 regulations for the grant of a license under the 2004 regulations, provided they met other eligibility conditions. The petitioner, having passed both the written and oral examinations before the new regulations came into effect, was deemed eligible for the grant of a Customs House Agents Licence.

The respondents' counsels failed to establish the petitioner's ineligibility for the license under the 2004 regulations. It was undisputed that the petitioner had passed both the written and oral examinations under the 1984 regulations before the new regulations of 2004 were implemented. Therefore, the Court directed the respondents to issue the necessary certificate granting the Customs House Agents Licence to the petitioner in compliance with the requirements prescribed under the 2004 regulations within eight weeks from the date of the order. The writ petition was granted accordingly without any costs.