9911796707
TMI Blog2024 (2) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... to issue the Customs Brokers License to him. 2. Facts of the case reveal that respondent No. 3/Commissioner of Customs issued a notice dated 4-7-2017, bearing Notice No. 5/CUS (General)/2017, inviting applications for the Written Examination for issuance of license to successful candidates to act as Customs Brokers under Regulation 6 of the Customs Brokers Licensing Regulations, 2013. As per the public notice, the examination was scheduled to be held on 19-1-2018. As per the notice, the examination process was to be conducted in two stages - written examination and oral examination. It is stated that to qualify the written examination a candidate was to score a minimum of 50 marks and the oral examination was to be cleared in two att ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the oral examination. This Court by the said Order directed the Respondents to issue Customs Brokers License to the Petitioners therein. Relevant portion of the said judgment reads as under : "19. That apart, it is not the case of the respondents that before the petitioners appeared in the oral examination held on May 23/25, 2019 the petitioners were put to notice that their consideration for oral examination would be on the basis of 60 marks. In the absence of such a 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, 2019/May 25, 2019, hence, the petitioners having qualified the written ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C) 12777/2019, W.P. (C) 12865/2019 & W.P. (C) 13132/2019 and this Court vide its Order dated 18-2-2022 has directed the Respondents to issue a Customs Brokers License to the Petitioners therein on the ground that the Respondents could not have changed the qualifying criteria of the oral examination mid-way after the recruitment has begun by increasing the minimum marks that were required to be obtained by a candidate in order to qualify the oral examination. 8. It is well settled that when a citizen aggrieved by the action of a Government Department has approached the Court and obtained a declaration of law in his favour, others, in like circumstances, should be able to rely on the sense of responsibility of the department concerned a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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