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TMI Blog2012 (12) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... er had qualified in the examinations. 3. It had been further stated that the grant of licence to the petitioner, as customs house agent is governed by the Customs House Agents, Licencing Regulations, 1984. The Regulations had been issued, originally, in the year, 1965. The said regulations had been repealed by the subsequent regulations issued in the year, 1984, vide Notification No.85-Cus, dated 19.3.1984. Thereafter, the Regulations issued in the year, 1984, had been superceded by the Customs House Agents Licencing Regulations, 2004, vide Notification No.21/2004-Cus, dated 23.2.2004. The new regulations issued in the year, 2004, had specifically saved the things done or omitted to be done under the old regulations, as well as thos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ouse Agents Licence to the petitioner therein. In the said writ petition, the petitioner had passed the written as well as the oral examination, prior to the coming into force of the new regulations issued in the year, 2004. The petitioner in the present writ petition is also a similarly placed person, who had qualified in the written and the oral examinations, before the new regulations had come into force. 6. The learned counsel appearing on behalf of the petitioner had also relied on the decision of the Supreme Court, dated 27.4.2012, in Sunil Kohli Vs. Union of India and others, 2012-TIOL-45-SC-CUS, wherein the Supreme Court had upheld the decision of a learned Single Judge of the Delhi High Court. The Delhi High Court had held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licant had at best an opportunity to apply for licences which could not be treated as a vested right. A contrary view has been taken in a judgment of a Division Bench of the Gujarat High Court in D.N. Thakkar v. Union of India (Special Leave Application 6152 of 2010 and connected cases) decided on 13 July 2010. Leave has been granted by the Supreme Court to appeal against the judgment of the Gujarat High Court. The Gujarat High Court has held that persons who had cleared the examination which was held under Regulation 9 of the 1984 regulations and were otherwise qualified for the grant of a licence subject to fulfillment of certain conditions fell in one class. Such persons were working in some capacity or other with regular licence holders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (267) E.L.T 337 (Guj.) 9. It is also noted that the Supreme Court, by its decision, dated 27.4.2012, in Sunil Kohli Vs. Union of India and others, 2012-SC-CUS, had upheld the decision of a learned Single Judge of the Delhi High Court. The Delhi High Court had held that all those who had cleared the examinations, under the regulations issued in the year, 1984, would be eligible for the grant of the custom house agents license, subject to their fulfilling the other conditions of eligibility. 10. Further, this Court had also passed an order, dated 1.10.2012, in W.P.No.24210 of 2012 and in other similar matters, holding that the candidates, who had passed the examinations under the regulations issued in the year, 1984, would be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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