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TMI Blog2009 (8) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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. - W.P. (C) No. 9360 of 2009 - - - Dated:- 7-8-2009 - Sanjiv Khanna, J. S/Shri Vinod K. Tewari with Pankaj Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant who clears the written examination but fails in the oral examination linked to it, shall have to clear the oral examination within two years of the related written examination irrespective of the number of chances, and if he fails to do so, he shall be treated as having failed in the examination." 4. In view of the Regulation 8(3), a person who cleares the written examination but fails in the oral examination, is required to clear the oral examination within two years. In other words, each candidate, who has cleared the written examination, has four opportunities to clear the oral examination within a period of two years i.e. he gets two opportunities each year. 5. It is an admitted position that the respondents were not able t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing him of getting a Custom House Agents license. The Respondents have given no reason why they cannot rectify the prejudice that they have caused to the Petitioner because of their inaction. 12. The Respondents are, of course, trying to justify their failure to hold the written examination and oral examination with the required frequency as postulated by the Regulations on the ground that the Director General of Inspection, Customs and Central Excise requested the Central Board of Excise and Customs that the examination should be conducted by the National Academy of Customs, Excise and Narcotics Control (NACEN) but that request was turned down by the CBEC. 13. This contention, to our mind, is untenable because the result of this is tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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