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TMI Blog2017 (11) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... ard in Form-G issued to Mr.R.Nandanan on a earlier occasion while he was working in M/s. Green Channel is said to be an error, that cannot be a ground to deny the relief to the petitioner. Regulation 17(4) of the New Regulation, empowers the respondents to exempt the employee who has already passed such examination. The writ petition is allowed by directing the respondents to consider the petitioner's application for issuance of identity card in Form-G dated 25.05.2015 and 12.10.2015 and consider the same by applying Regulation 17(4) and pass appropriate orders on merits - decided in favor of petitioner. - W.P. No. 3909 of 2016 - - - Dated:- 9-10-2017 - T. S. Sivagnanam, J. For the Petitioner : Mr.Hari Radhakrishnan For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... surrendered, which has been acknowledged. 5.The said Mr.R.Nandanan, has joined services of the petitioner on 07.01.2015 and by application dated 25.05.2015, the petitioner made a request to the respondents to issue a fresh Identity card in Form-G to the said Mr.R.Nandanan. Since there was no response, the petitioner is before this Court. 6.The learned counsel for the petitioner submitted that those persons who have qualified the examination conducted under Section 19(3) of the Old Regulation and those persons who have passed the examination conducted under Regulation No.17 (3) of the Customs Brokers Licensing Regulation, 2013 [New Regulation] can sign the declaration filed before the Customs for transacting works at any customs stati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The respondents has referred to a clarification issued by the CBLR in circular No.42/2004 dated 10.06.2004 and it is submitted that if the petitioner is to work at Chennai, he must have passed the examination conducted by the Chennai Customs Commissionerate. 9.The relevant Regulation which would have been applicable to the case on hand is Regulation No.17 of the New Regulations. Sub regulation 3 of Regulation 17 places an embargo on the candidate and the candidate is required to pass the examination conducted by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs. This would mean that the candidate should pass the examination conducted by the authority within whose jurisdiction he would be functioning. 10.Howe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial to refer to the decision of the Calcutta High Court in the case of Ravindra Kamalkant Shukla Vs. Commissioner of Customs (Airport Admn.) reported in 2016 (343) E.L.T. 86 (Cal.). The said case arose under the Old Regulations where the application for grant of license under the Customs House Agent Licensing Regulations 1984 [CHALR] was rejected on the ground that the applicant had passed the examination from Mumbai and not from Calcutta. 14.The Hon'ble Court after elaborately referring to the relevant provisions of the CHALR took note of an unreported decision of the Calcutta regulation in the case of A.P. Clearing Agency Pvt. Ltd V. Union of India and Ors., wherein it was holding that a temporary license holder, who has passed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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