9911796707
TMI Blog2013 (10) TMI 899X X X X Extracts X X X X X X X X Extracts X X X X ..... the 2004 Regulations, Ext.P3 produced in the writ petition. As per the new Regulations an applicant for licence has to pass a written and oral examination, which is being conducted twice in every year. As per Regulation 8(5) a person granted with temporary licencee has to pass the such examination within a period of two years from the date of issuance of the licence. Petitioner was intimated about such requirement through Ext.P4 letter while extending the validity of the licence till 22.2.2006. 2. Petitioner is challenging validity of Regulation 8(5) on the premise that, under Regulation 8(4) applicants appearing for the (Customs House Agents Examination are allowed a maximum period of 7 years, whereas in the case of holders of temporary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent was directed to consider and dispose such application, as per 2004 Regulations, within a time limit stipulated. Accordingly the 1st respondent considered the matter and issued Ext.P10, finding that since the authorised representative had failed to qualify the examination within the time stipulated, inspite of repeated chances and even within the extended period of validity of the licence, no further renewal of the licence can be granted under the relevant provisions. Under such circumstances the petitioner is challenging the validity of Regulation 8 (5) as well as Ext.P10 order. 4. Regulation 8(5) is challenged mainly on the ground that it is discriminatory. Contention of the petitioner is that, under Regulation 8(4) the applicants are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be sustained, because there is no provision for granting temporary licence under the new Regulations. According to the respondents, applicants under Regulation 8(4) are fresh applicants whereas the applicants under Regulation 8(5) are persons having temporary licence. Therefore the applicants before 23.2.2004 and applicants after 23.2.2004 do not form a class by themselves. They falls within distinct and different categories. Therefore there is no discrimination or violation of Article 14, is the contention. 6. It is revealed that the system of issuing temporary licence was dispensed with by virtue of 2004 Regulations. Under the new Regulations qualified applicants are given chance to clear the examination upto a maximum period of 7 year ..... X X X X Extracts X X X X X X X X Extracts X X X X
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