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TMI Blog2019 (11) TMI 969X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant possesses a professional degree such as Master s degree, along with Graduation from a recognised University, he would be qualified to participate in the written examination subject to other qualifications. The impugned order seems to refer to a disqualification by quoting a Degree obtained by the petitioner from a foreign university. Apparently, the Master s Degree in Science obtained by the petitioner from Indian Institute of Technolgoy, Madras in the year 1977 has been lost sight of by the respondents, which can also be considered as a requisite qualification as prescribed under the Regulations - Apparently, the impugned order is contrary to the CBLR Regulations. In view of the fact that the petitioner has possessed both a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Customs Brokers Licensing Regulations, 2013 (CBLR) are extracted hereunder :- (i) be a Graduate from a recognised University; and (ii) possess a professional degree such as Masters or equivalent degree in Accounting, Finance or Management, CA/MBA/LLB or Diploma in Customs Clearance work from any institutes or University recognised by the Government or is having at least two years experience in transacting Customs Broker work as G-Card holder. 4. A plain reading of the conditions prescribed in CBLR, 2013 reveals that the aspiring applicants should be a graduate from a recognised University and should possess one of the qualifications prescribed under Regulation 5(f)(ii). Effectively, if the applicant poss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in compliance of the interim order, the petitioner was permitted to write the written examination. 8. In the light of the observations made in this order, the impugned order of the 4th respondent dated 2-1-2015 in F. No. S. Misc. 8/2014-CBS is set aside. Consequently, the respondents are directed to publish the petitioner s result in the written examination held on 28-1-2015 and if he is found to be qualified in the examination, permit him to participate in the subsequent oral interview, without any further reference to his educational qualification. Such an exercise shall be completed within a period of thirty days from the date of receipt of the copy of this order. Accordingly, this writ petition stands allowed. No costs. Conse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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