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TMI Blog2025 (2) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... viva. The 2018 Regulation stated supra governs the entire country. The appellant cannot pick and choose on their own method of conducting viva after written examination. The appellant had specifically implanted such a procedure to pick and choose the people, to whom they wish to be selected for grant of 'G' card licence. Clause 13 (5) and 13 (6) and 13 (7) of the 2018 Regulation clearly stated that the qualification for getting 'G' card holder is pass in the examination alone. In the absence of any proviso in the regulation for conducting viva, the viva conducted by the appellant is without jurisdiction and without any power conferred under the Regulation. There are no reason to interfere with the order passed by the Writ C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lder of Customs Agency of M/s. Coachin Air Cargo Clearing Housing, Trichy. Vide impugned notification No. 1/19, dated 30.01.2019, the appellant had issued a public notice on 30.01.2019 calling for an examination for grant of 'G' card as per Regulation 13 (5) of the Customs Brokers Licensing Regulations, 2018, for the year 2019. As the Writ Petitioner/respondent being a 'H' card holder, had applied for 'G' card. The eligibility to take part for getting the 'G' card is that a person, who is having a valid 'H' card and who has passed 10+2 or equivalent shall be eligible to take part in the examination and 100 marks were fixed as qualifying marks in the written examination. As per the notification, the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o appoint the respondent/Writ Petitioner as 'G' card licence holder on or before 31.03.2020, if he is otherwise eligible. Challenging the same, the respondent before the Writ Court has preferred the above Writ Appeal. 6. Mr. R. Nandakumar, learned Senior Standing Counsel appearing for the appellant contended that when the respondent/Writ Petitioner had failed in the viva and therefore, he is not entitled for 'G' card licence. The result of the oral examination was declared 06.05.2019 in which only two persons had passed in the oral interview. The learned Senior Standing Counsel contended that the Writ Court without analysing the rules had directed the appellant to appoint the respondent as a 'G' card holder on or be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impediment for the appellant for issuing 'G' card licence in favour of the respondent. The exercise of power as per the regulation and keeping in view of the pendency of the criminal case, the respondent cannot deny the issuance of 'G' card holder. The learned Counsel appearing for the respondent relied upon the Public Notices issued by various circles of Customs Department for appointment of 'G' card licence, wherein, it is clearly shown that it is only the education qualification is warranted and there is no condition that there will be a viva for granting 'G' card licence and hence, he seeks dismissal of this appeal. 10. Admittedly, when the notification had not prescribed the procedure beyond the educat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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