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TMI Blog2022 (3) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of License to petitioner to act as a Custom Broker under Customs Brokers Licensing Regulations, 2013. b) Pass appropriate writ, directions or order in the nature of mandamus or any other writ, direction or order of the like nature Mandamus directing the respondents to consider the petitioner as par with other selected candidates for the issuance of License to petitioner to act as a Custom Broker under Customs Brokers Licensing Regulations, 2013 in terms of all the benefits arising out of the License. c) Pass such other and further direction which this Hon'ble Court may deem fit and proper in the facts of the writ petition" W.P.(C) 12865/2019 "In view of the above, it is submitted that this Hon'ble Court may graciously be pleased to; a) pass appropriate writ, directions or order in the nature of mandamus or any other writ, direction or order of the like nature quashing the impugned result/order of Oral Examination dated 25/05/2019 declared/passed by the respondent No.4 on the behalf of the other respondents and issue a writ order of directing the respondents for the issuance of License to petitioner to act as a Custom Broker under Customs Brokers Licensing Regu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions for being granted the licence as a Custom Broker they had also applied. 5. According to their Counsels, as per CBLR, 2013, the entire examination process was to be conducted in two stages, i.e., written examination and being successful in the same on attaining 50 marks, the candidates are called for oral examination which can be cleared in two attempts by securing minimum passing marks of 50. 6. On December 19, 2017, the petitioners received admit card for written examination to be held on January 19, 2018. It is the common case of the petitioners that all of them have cleared the written examination by securing passing marks, over and above 50. Thereafter, petitioners received admit card for the first attempt of oral examination to be held on July 11, 2018/ July 12, 2018. The result of the oral examination was declared in July, 2018 which revealed that the petitioners did not get 50 marks, resultantly, they could not qualify the first attempt of the oral examination. Pursuant thereto, the CBLR, 2013 was amended by CBLR, 2018, whereby the procedure to clear oral examination in two attempts and the cut of 50 marks for both written and oral underwent a change inasmuch as under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arpreet Singh did concede to the fact that as the maximum period to clear the oral examination was two years, a candidate can avail two chances of oral examination. He states before 2018, the authority for conducting the written examination as well as the oral examination under Regulation 6 of CBLR, 2013 was vested with the Directorate General of Performance Management, but thereafter, it was vested with NACIN. He submits that new Regulations i.e. CBLR, 2018 were issued under the Customs Act, 1962 which mandates the qualifications have to be met for acquiring the license to function as a broker. The passing of written and oral examination is one such qualification to be met by person seeking license. 11. By adding proviso to Regulation 4(1) of CBLR, 2018 (inserted with effect from February 06, 2019) it was provided that the written examination will be an online and the same was communicated to NACIN through an advertisement issued on February 11, 2019. He also states that the oral examination was held on May, 2019. In addition to 517 candidates who appeared in the interview held in March, 2019, there were 116 candidates who appeared in the interview having qualified written examin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll: (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; (g) he is a retired Group A officer from the Indian Customs and Central Excise Services having a minimum of five years experience in Group "A' service; (h) the applicant has financial viability as evidenced by a certificate issued by a Scheduled Bank or such other proof acceptable to the Commissioner or Customs in terms of possession of assets of value of not less than five lakhs rupees; Provided that for the purpose of his satisfaction, the Commissioner of Customs may make enquiries as may be deemed fit. 6. Examination of the applicant.- (1) An applicant, who satisfies the requirement of regulation 5, shall be required to appear for a written as well as oral examination conducted by the DGICCE. Provided that an applicant who has already passed the examination referred to in regulation 9 of the Custo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Merchandise Marks Act 1958 (43 of 1958), Arms Act 1959 (54 of 1959), Patents Act, 1970 (39 of 1970), Narcotics Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Foreign Trade (Development and Regulations) Act, 1992 (22 of 1992), Foreign Exchange Management Act, 1999 (42 of 1999), Design Act, 2000 (16 of 2000) and Food Safety and Standard Act, 2006 (No. 34 of 2006) in so far as they are relevant to clearance of goods through customs; (o) provisions of Prevention of Corruption Act, 1988 (49 of 1998); (p) procedure for appeal and revision applications under the Act; and (q) on line filing of electronic bills of entry and shipping bills vide the Indian Customs and Central Excise Electronic Commerce or Electronic data interchange gateway (ICEGATE) and Indian Customs Electronic data Interchange System (ICES). (7) The Commissioner of Customs shall satisfy himself that the individual applicant or in cases where applicant is a firm or company its partner or Director or authorised employees who may be engaged for handling the customs work shall possess satisfactory knowledge of English and the local language of the Customs Station. Provided that in case of a person depu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es to verify the eligibility of the applicant as he may deem fit before forwarding the application to 1[National Academy of Customs, Indirect Taxes and Narcotics (NACIN)]. 6. Examination of the applicant. -(1) An applicant, who satisfies the requirements of regulation 5, shall be required to appear for a written 4[***] as well as oral examination conducted by the 1[National Academy of Customs, Indirect Taxes and Narcotics (NACIN)]: Provided that an applicant who has already passed the examination referred to in regulation 9 of the Custom House Agents Licensing Regulation, 1984 or regulation 8 of the Custom House Agents Licensing Regulation, 2004 or regulation 6 of the Customs Brokers Licensing Regulations, 2013 shall not be required to appear for any further examination. 5[(2) The online written examination shall be conducted by the National Academy of Customs, Indirect Taxes and Narcotics (NACIN) in the first quarter of each calendar year for which intimation shall be sent individually to applicants in advance before the date of examination and the result of the said examination shall be declared preferably within one month of the date of examination. (3) The applicant who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Design Act, 2000 (16 of 2000) and the Food Safety and Standard Act, 2006 (No. 34 of 2006) and other laws for the time being in force applicable to EXIM trade and the rules and regulations made under these Acts in so far as they are relevant to clearance of goods through Customs; (o) provisions of the Prevention of Corruption Act, 1988 (49 of 1998); (p) procedure for appeal and revision applications under the Act; and (q) online filing of electronic bills of entry and shipping bills vide the Indian Customs and Central Excise Electronic Commerce or Electronic data interchange gateway (ICEGATE) and Indian Customs Electronic data Interchange System (ICES). (r) knowledge of regulations, rules, notifications, etc. under the Customs Act and other Allied Acts. (8) The Principal Commissioner of Customs or Commissioner of Customs shall satisfy himself that the individual applicant or in cases where applicant is a firm or company, its partner or Director or authorised employees who may be engaged for handling the customs work shall possess satisfactory knowledge of English and the local language of the Customs Station: Provided that in case of a person deputed to work extensi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d your proposal with the justification for such change." 16. There is no dispute that the call letters were issued to the petitioners on April 30, 2019 asking them to appear in the oral examination (on May 23, 2018/May 25, 2018) before the communication dated May 03, 2019 was sent to the Principal Director General, NACIN. On the date of April 30, 2019 when such communication was sent there was no decision that the cut of marks for oral examination was 60 and not 50. 17. That apart, the communication dated May 03, 2019 was not even sent to the petitioners. The learned counsel for the petitioners are justified in stating that even if the communication dated April 30, 2019 stated that the oral examination has to be held under CBLR, 2018 but it still did not state that the cut-off marks for oral examination are 50. Otherwise, the petitioners would have contested the prescription of 60 marks for those candidates who had participated in the selection process, which was initiated under the CBLR, 2013. 18. It cannot be disputed the selection process with regard to the petitioner had started under CBLR, 2013 and it is also conceded by Mr. Harpreet Singh that under the CBLR, 2013, a candi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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