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TMI Blog2013 (10) TMI 897X X X X Extracts X X X X X X X X Extracts X X X X ..... Regulations. As a corollary, it must be held that those who had cleared the examinations held between 1995 and 2003 under the 1984 Regulations would be eligible for grant of licence subject to their fulfilling other conditions of eligibility - Following decision of SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS [2012 (10) TMI 638 - SUPREME COURT] - Decided in favour of petitioner. - W.P.No.7151 of 2012 and M.P.Nos.1 to 3 of 2012 - - - Dated:- 30-8-2012 - M. Jaichandren,JJ. For the Petitioner : Mr. T. Sundaranathan For the Respondents : Mr. R. Ravivindranath (SCGSC) (R1), Mr. G. Mahadevan (R2 R3), Mr. E. Vijaya Anand (R4) ORDER Heard the learned counsel appearing for the petitioner, as well as the learned counsels appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said regulations had been repealed by the subsequent regulations issued in the year, 1984, vide Notification No.85-Cus, dated 19.3.1984. Thereafter, the Regulations issued in the year, 1984, had been superceded by the Customs House Agents Licensing Regulations, 2004, vide Notification No.21/2004-Cus, dated 23.2.2004.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 those which had been omitted to be done before the introduction of the new regulations. However, the regulations issued in the year, 2004, contains a condition that those who had passed the examinations under the regulations issued in the year, 1984, would be required to pass another ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed person, who had qualified in the written and the oral examinations, before the new regulations had come into force. 7. 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 that those 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 save ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court finds it appropriate to set aside the impugned letter, dated 11.1.2012, issued by the fourth respondent, rejecting the request for the grant of the Customs House Agents Licence, to the petitioner. Accordingly, it is set aside and the respondents are directed to issue the necessary certificate granting the Customs House Agents Licence to the petitioner, as per Regulation 9 of the Customs House Agents Licensing Regulations, 2004, on the petitioner complying with the requirements prescribed, under Regulation 10 of the said regulations, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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