Customs House Agents Licensing Regulations, 1984 - Regulation 9 - Customs - F. No. 502/33/92-Cus.VI

Customs House Agents Licensing Regulations, 1984 - Regulation 9 F. No. 502/33/92-Cus.VI Dated 28-9-1993 Government of India Central Board of Excise Customs New Delhi Subject : Customs House Agents Licensing Regulations, 1984 - Regulation 9 - Reg. In pursuance of the observations of the Hon'ble Supreme Court in the last 2 paras of their judgment dated 14-7-1993 dismissing the SLP No. 16137/92 filed by M/s. D.V. Bakshi and Others v. Union of India Others and other connected SLPs, many requests have been received by the Board from the temporary CHAs to allow them one more chance to qualify in the oral examination. Requests received in this respect from various quarters have been examined in the Board's office. It is noticed that the Hon'ble Supreme Court while dismissing the SLPs has made the following observation :- "A fervent appeal was made by the learned counsel for the petitioners that having regard to the fact that all the petitioners have passed the written examination and that some of them had only one opportunity to appear at the oral examination since they passed the written examination at the third attempt, one further chance to appear at the oral examination should be accorded to them as was done in the past under the circular dated May 19, 1988. That would be a matter on which the concerned authorities would have to take a decision if the circumstances so permit but it would not be proper for this court to issue a mandate once it is found as a fact that the petitioners had the requisite opportunities under the regulations for clearing the written as well as oral tests. We may add by way of caution and to avoid any litigation in future if the authorities decide to give one further opportunity to the petitioners to clear the oral test it will be by way of grace only and will not confer any right whatsoever on the petitioners and if the authorities insist on any undertaking to be filed by the candidates permitted to avail of that extra chance in the present proceedings that they will accept the result as final and conclusive and will not make it a ground for further litigation, they will be well within their rights to so insist. If such undertakings are filed in the present proceedings, the Registry will accept the same." 2. In view of these observations, it has, therefore, been decided that all candidates who had passed the written examination but failed to qualify in the oral test in terms of Regulation 9 may be given one more chance to qualify in the oral test. This opportunity to qualify in the oral test should be given to all candidates irrespective of the fact whether or not they filed a Writ Petition/SLP in the High Court/Supreme Court, as long as they had qualified in the written examination in terms of Regulation 9. 3. It is requested to take necessary action in terms of these instructions including action for securing and depositing undertakings, as directed by the Hon'ble Supreme Court.