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TMI Blog2023 (1) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... ct 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 verification process shall be conducted within two weeks and the license shall be issued within four weeks. Petition allowed. - W.P.(C) 526/2020 - - - Dated:- 12-1-2023 - JUSTICE PRATHIBA M. SINGH Petitioner Through: Mr. Priyadarshi Manish Ms. Anjali Jha Manish, Advocates. (M: 9212143535) Respondents Through: Mr. Harpreet Singh Sr. SC for the respondents. (M:9717153109) Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bserved as under: 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied 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 effect of changing the criteria midway, which is impermissible. A perusal of the above observations would show that the finding of the ld. Single Judge is that the criteria could not have been changed midway. 5. The conclusion in the said judgment was as under: 22. In view of the above discussion, the writ petitions are allowed and disposed of. The respondents are directed to issue license to the petitioners as Custom Brokers. 6. Ld. counsel for the Petitioner submits that the said judgment clearly covers the case of the Petitioner which is also not disputed by ld. Counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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