9911796707
TMI Blog2014 (4) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... any manner affect the eligibility and entitlement of those who had qualified the examination held under the 1984 Regulations for grant of licences to act as CHA - The saving clause contained in the opening paragraph of the 2004 Regulations unmistakeably show that while enacting the new Regulations, the Board did not want to adversely impact the right of those who had qualified the examination held under the 1984 Regulations because the nature of the examinations envisaged under the two sets of Regulations is substantially similar - Considering the Supreme Court decision in Sunil Kohli (supra), it is not possible for the appellants to refuse to give licence to the writ petitioner-respondent no.1 on the specific plea that he is qualified und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cense if he is otherwise entitled and there are no cogent reasons in law for withholding the license. 4. Aggrieved by the order, the Commissioner of Customs has come up in appeal. 5. Mr. Saraf, learned Advocate for the appellants, submitted that the writ petitioner-respondent no.1 obtained the requisite qualification under the 1984 Regulations in the year 1991. He is a resident of Mumbai, but he could not get licence from the Mumbai Commissionerate. He applied pursuant to notice of vacancy issued by the Calcutta Commissionerate. He does not have requisite qualification under the 2004 Regulations and therefore, the learned Trial Court should not have passed the order under challenge. 6. Mr. Bhattacharjee, learned advocate appearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lations is substantially similar. 7. Mr. Bhattacharjee submitted that it has authoritatively been laid down that by framing Regulations 2004, the Board did not want to adversely impact the right of those who had qualified themselves in the examination held under the Regulations 1984. He submitted that this law laid down by the Hon'ble Supreme Court was sought to be violated by the appellants and the learned Trial Court had directed the authorities to treat him as a person duly qualified to apply. He submitted that the order under challenge is as such unexceptionable. 8. We have considered the rival submissions advanced by the learned advocates and are of the opinion that considering the views expressed by the Hon'ble Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
