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TMI Blog2016 (9) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... e circular, issued by the third respondent, dated 28.12.2015, and to direct the respondents to accept the application, dated 02.11.2015, filed by him for the grant of Custom Broker Licence, and to permit him for writing examination, conducted under the Regulation 6 of Customs Broker Licence Regulation, 2013 (CBLR). 3. The petitioner's case is that, he is fully eligible for being recognized as a Customs Broker, in accordance with Rule 5 (f) (ii) of CBLR. Inspite of the same, he was not allowed to sit for the written examination. 4. The Court, having prima facie found that the petitioner possesses the requisite qualification, granted interim order on 27.01.2016, permitting the petitioner to appear for the written examination, which was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ever, the results shall be withheld until further orders from this Court. It appears that the interview in Chennai is to be completed today and the interview in Coimbatore will be conducted tomorrow and in the event, the petitioner secures the required cut-off mark in the written examination, then the petitioner shall be permitted to appear at Coimbatore tomorrow for the oral interview. 8. List the matter on 11.08.2016." 5. Thus, this Court, after considering the counter affidavit filed by the respondents, wherein, the qualification possessed by the petitioner was stated, and having found that the petitioner possesses the qualification issued by the Institute of Company Secretaries of India, as well as Institute of Costs and Works Accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted to participate in the oral interview. Taking into consideration the qualification possessed by the petitioner, this Court recorded a prima-facie finding that the petitioner would be eligible to participate in the oral interview and the operative paragraphs of the order read as follows: "5. The petitioner possess a qualification issued by the Institute of Company Secretaries as well as the Institute of Cost and Works Accountants of India. This Court, on perusal of the CBLR, 2013, in particular, regulation 5[f][ii], noted that among the qualifications prescribed, the qualifications, viz., ACMA and FCMA had been prescribed. 6. To obtain a clarification as to what are such qualifications, the matter was passed over and the matter was t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the oral examination, and it is stated that the petitioner has passed the oral examination. 7. Thus, considering the peculiar facts and circumstances of the case, and taking note of the qualification possessed by the petitioner, this Court is of the view that the petitioner should be considered for the grant of Custom Broker Licence. However, this observation is made only by considering the peculiar facts of this case, and this shall be not be treated as precedent. 8. Furthermore, in the light of the fact that the petitioner has come out successful, both, in the written and oral examinations, and taking note of the qualification possessed by him, which has been admitted by the respondents, in their counter affidavit, i.e., possession o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a need arises.
10. Thus, considering the peculiar facts and circumstances of the case, the respondents are directed to consider the petitioner's application, dated 02.11.2015 and grant Custom Broker Licence by taking into consideration the fact that the petitioner has been successful, both, in the written examination and oral examination, within a period of three weeks from the date of receipt of a copy of this order. As observed in the preceding para, this order shall not be treated as condition precedent, and the legal issue raised by the respondents is left open.
11. With the above observations and direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. X X X X Extracts X X X X X X X X Extracts X X X X
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