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TMI Blog2007 (8) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... ions). She sat for the written examination on 14th June, 2004 and was declared successful on 20th April, 2005. 3. In terms of Regulation 8(1) of the Regulations, an examination is to be conducted by the Director General of Inspection twice a year. Regulation 8(2) of the Regulations postulates not only a written examination but also an oral examination. Consequently, on reading of Regulation 8(1) and Regulation 8(2) of the Regulations, the written examination as well as the oral examination is required to be conducted twice a year. Regulation 8(1) and Regulation 8(2) of the Regulations read as follows : - "8. Examination of the applicant. - (1) Any applicant whose application is received within the last date specified in the notice or pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation 8(3) of the Regulations reads as follows :- "(3) It shall be necessary for the applicant to clear written as well as oral examinations separately. An applicant 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." 7. Despite the above Regulations the Petitioner was called for an oral examination only once in 2006 after she had cleared the written examination on 20th April, 2005. With the rejoinder-affidavit, the Petitioner has placed the documents to show that further oral examination was h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 12. This contention, to our mind, is untenable because the result of this is that persons like the Petitioner are deprived of seeking employment. Even if the reason given by the Respondents is tenable, they would be required to somehow or the other comply with the Regulations and make up for the shortfall in the requisite number of examinations. 13. Under these circumstances, we are of the view that the Petitioner has been unfairly treated by denying her the opportunity to appear in three oral examinations each year despite her having passed the written exam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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