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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 ..... d of finally. 2.The petitioner seeks for issuance of Writ of Mandamus to direct the second respondent to include the name of Mr.R.Nandanan as a 'G' card holder in the Customs Broker Licence of the petitioner. The petitioner is a Customs Broker holding a valid Licence bearing No.10/01-HYD, Hyderabad-II Commissionerate, Hyderabad, which was extended to Chennai, vide intimation dated 14.07.2001. 3.The petitioner has employed one Mr.R.Nandanan, who had passed the examination as required under the erstwhile Customs House Agent License Regulation, 2004 [Old Regulation], this examination was conducted by Commissionerate of Customs, Cochin. The said Mr.R.Nandanan having been successful in the examination and based on the results, was give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted that the nature of work is identical and as the petitioner has passed the examination in Cochin, it would be sufficient for the respondents to grant a card in Form-G. 7.The respondents, in the written instructions given to the learned standing counsel, have stated that the identity card given to the petitioner in Form-G, when he was working in M/s.Green Channel Inter-Port Services Pvt. Ltd., at Chennai, is an error committed by the department and such a card being erroneously given cannot be claimed as a matter of right. Further, by referring to Regulation 4 (2) of the new Regulation, it is submitted that an application for Licence to act as customs broker in a customs station in Form 'A' shall be made to the Commissioner of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der any other Customs Broker, with the approval of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, be exempted from passing of such examination." 11.In terms of the above regulation with the approval of the Deputy Commissioner or Assistant Commissioner and as of now the Commissioner, a person who is employed under a Customs Broker and who has passed the examination referred to sub-regulation 3 may, on his appointment under any other Customs Broker, with the approval of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, be exempted from passing of such examination. 12.Thus, the rights of the petitioner are not fully foreclosed and even assuming that the identity card in Form-G issued to Mr.R.N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sionerate or the other. If the examination is cleared, the examinee qualifies for license anywhere in India subject to fulfillment of other requirement. 16.Though the above decision arises out of a rejection of Customs House Agents License, the legal Principles laid therein can very well be made applicable to the facts of the case on hand. 17.Thus, taking note of Regulation 17(4) and the facts and circumstances of the case, 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 and in accordance with law, within a period of eight wee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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