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2023 (1) TMI 698

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..... the respondents. (M:9717153109) Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The Petitioner - Mr. Reetesh Kumar Shukla has filed the present petition seeking issuance of a customs broker license to him. 3. The case of the Petitioner is that a public notice was issued on 27th April, 2018 by Respondent no. 2 - Directorate General of Performance Management C .....

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..... sed after the examination process had commenced. 4. Similar issues related to the same examination were raised in three writ petitions being W.P(C) 12777/2019, W.P(C) 12865/2019 and W.P(C) 13132/2019 wherein the ld. Single Judge of this Court had, by a detailed order dated 18th February, 2022, held that the cut off marks could not have been changed after the examination notice was issued. The ld. .....

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..... 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 candidate is entitled to ap .....

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..... notice to the petitioners the criteria could not have been changed. Further, it is not the case of the respondents that petitioners have not achieved 50 marks in the oral examination held on May 23, 20 19/May 25, 2019, hence, the petitioners having qualified the written examination on the basis of 50 marks, they have to be assessed at 50 marks in the oral examination, otherwise, it shall have the .....

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..... e replies received under the RTI Act, the Petitioner has scored 50 and has thus qualified in the oral examination. 8. In view of the fact that the identical issue has been decided by this Court in favour of the Petitioner it is directed that the Petitioner be issued the customs broker license, subject to verifying that the Petitioner has scored 50% and above in the oral examination. The verificat .....

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