SUNIL KOHLI Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Civil Appeal No. 4043 of 2012 (Arising out of SLP (C) No. 14131 of 2010), Civil Appeal No. 4044 of 2012 (Arising out of SLP (C) No. 5132 of 2011), Civil Appeal Nos. 4045 -4050 of 2012 (Arising out of SLP (C) Nos. 7796 -7801 of 2010) and Civil Appeal No. 4051 of 2012 (Arising out of SLP (C) No. 7802 of 2010) : Whether the Appellants, who successfully cleared the examinations held under the Customs House Agents Licensing Regulations, 1984 (for short, 'the 1984 Regulations') are entitled to get regular licences to work as Custom House Agents is the question which arises for consideration in these appeals filed against the judgment of the Division Bench of the Delhi High Court which allowed the appeal filed by Respondent No. 1 and modified the direction given by the learned Single Judge for grant of licences to the Appellants. The Appellants were initially employed by the Custom House Agents, who were having regular licences. They were granted G -Cards under Clause 20(6) of the 1984 Regulations. They qualified the examinations conducted by the competent authority between 1995 and 2003 under Clause 9 of the 1984 Regulations. In response to Public Notice No. 25/2003, dated 20 -6 -2003 issued by the Commissioner of Customs, Delhi (for short, 'the Commissioner') for grant of temporary licences under Clause 8 of the 1984 Regulations, the Appellants submitted applications in the prescribed proforma along with the required Documents. The relevant portions of Notice dated 20 -6 -2003 are extracted below :

(2.) The Applicants should fulfill the conditions stipulated in the aforesaid Regulations. The Applicants should ensure their eligibility before applying for such License and in the absence of the same their applications will be summarily rejected.

(3.) The Applicant should prove to the satisfaction of the Commissioner that -