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TMI Blog2004 (8) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the business of cargo clearance and claims itself to be a member of IATA and FIATA. It has its branches at Mumbai, Kolkata, Chennai, Bangalore, Bhadohi, Kanpur, Panipat and Moradabad. According to the petitioner, it has in its employment more than 300 persons. For getting the goods cleared at the Custom House, it requires a licence, known as, Custom House Agent Licence (hereinafter referred to as "the licence"). 3.It applied for grant of a temporary licence which was issued on 20-11-2000 which was valid for a period of one year. The Custom House work, according to the licence, was to be transacted through one of the following persons, namely :- Sarvasri (i) Vinay Kumar Mishra; (ii) Mohan Tiwari; (iii) M.N. Bawari; (iv) Anil Yadav; and (v) R.S. Tiwari. 3.According to the petitioner, in the meeting of the Board of Directors held on 12th July 2001, one Sri Subhash Tomar was inducted as a Director of the company. The induction of Sri Tomar was informed to the respondent no. 4 vide letter dated 27th November 2001. It is alleged by the petitioner that Sri Subhash Tomar had already qualified Regulation 9 examination and has been ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary licence holder to meet the requirement of Regulation 9 for the purposes of regularization. The temporary licence of M/s. Narender Shipping Services Pvt. Ltd. has been regularized by the Commissioner, Customs Central Excise, Chennai, vide order dated 26th July 2001, a copy of which has been filed as Annexure P11 to the writ petition. He submitted that similar treatment should be given to the petitioner also. 7.The learned Standing Counsel, however, submitted that under Regulation 9 a person holding a temporary licence is required to appear and qualify in the examination held under Regulation 9 and only thereafter under Regulation 10, it could be granted a regular licence. If a holder of a temporary licence takes a person from outside, who had qualified under Regulation 9, the holder of temporary licence would not ipso facto be entitled to grant of a permanent recognition. He referred to Regulation 18 which provides for engagement of a person qualified in the examination referred to in section 9. He also referred to Regulation 20(4) of the Regulations which provided that a person who has worked in a Custom House Agent and passed the examination referred to in sub-regulation ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egular licence under Regulation 10 may authorize one of their employees or partners or directors, to appear for the examination referred to in sub-regulation (1), on behalf of such holders of regular licence in addition to the person of their agency who has passed the examination referred to in sub-regulation (1)." 9.Regulation 10 provides for the grant of regular licence. It provides that the Commissioner shall grant a regular licence to such holder of a temporary licence, who has qualified in an examination, referred to in Regulation 9. Under sub-regulation (3) of Regulation 10, the Commissioner is empowered to reject an application for grant of a regular licence to act as a Customs House Agent, if the holder of a temporary licence fails to qualify in the examination in terms of Regulation 9 or his performance is not suitable. Regulation 16 provides for giving information if any change in the constitution of any firm or company takes place. Under Regulation 18, a person who has qualified in the examination, referred to in Regulation 9, can engage himself in the work relating to clearance of work of' Customs on behalf of a firm or a company licensed under Regulation 10 provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to quasi-judicial or judicial orders passed by a Court of law. 13.The Hon'ble Supreme Court in the case of Chandigarh Administration and Another v. Jagjit Singh and Another, (1995) 1 SCC 745 has held as follows :- We are of the opinion that the basis or the principle, if it"8. can be called one, on which the writ petition has been allowed by the High Court is unsustainable in law and indefensible in principle. Since, we have come across many such instances, we think it necessary to deal with such pleas at a little length. Generally speaking, the mere fact that the respondent-authority has passed a particular order in the case of another person similarly situated can never be the ground for issuing a writ in favour of the petitioner on the plea of discrimination. The order in favour of the other person might be legal and valid or it might not be. That has to be investigated first before it can be directed to be followed in the case of the petitioner. If the order in favour of the other person is found to be contrary to law or not warranted in the facts and circumstances of his case, it is obvious that such illegal or unwarranted order cannot be made the basis of issuing a writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h relevant legal principles. The orders and actions of the authorities cannot be equated to the judgments of the Supreme Court and the High Courts nor can they be elevated to the level of the precedent, as understood in the judicial world. (What is the position in the case of orders passed by the authorities in exercise of theirs quasi-judicial powers, we express no opinion. That can be dealt with when a proper case arise.)." 14.The aforesaid decision has been followed subsequently in the case of Yadu Nandan Garg v. State of Rajasthan and Others, (1996) 1 SCC 334; Secretary, Jaipur Development Authority, Jaipur v. Daulat Mai Jain and Others, (1997) 1 SCC 35; State of Haryana and Others v. Ram Kumar Mann, (1997) 3 SCC 321; Style (Dress Land) v. Union Territory, Chandigarh and Another, (1999) 7 SCC 89 and CSIR and Others v. Dr. Ajay Kumar Jain, (2000) 4 SCC 186. Thus, the submission made by the learned counsel for the petitioner claiming parity is also devoid of any substance. 15.In view of the foregoing discussion, we do not find any merit in this petition. The writ petition is dismissed. However, in the interest of justice, we direct that the respondent no. 4 shall be given an ..... 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