MANISH RISHISHWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail clause 5(1)(h)(ii) of the Customs Brokers Licensing Regulations, 2018 framed vide notification No. 41/2018-Customs (N.T.) dated 14.05.2018, amended by notification No. 08/2019-Customs (N.T.) dated 06.02.2019. The petitioner also seeks the quashing and setting aside of clauses 6.4, 6.5 and 6.6 of the Customs Brokers Licensing Regulations, 2018 framed vide notification No. 41/2018-Customs (N.T.) dated 14.05.2018, amended by notification No. 08/2019-Customs (N.T.) dated 06.02.2019.

(2.) The petitioner incorporated his company named Rishishwar Logistics Pvt. Ltd on 09.11.2011; he obtained Certificate of Importer Exporter Code from Zonal Director General of Foreign Trade, Ministry of Commerce and Industry on 13.04.2012; the petitioner received Valuable Association Award for Category (Freight Forwarders) from Container Corporation of India for his excellent performance on 17.10.2016 and also received Certificate of Appreciation from Central Board of Direct Taxes for his excellent performance in bronze category in 2017.

(3.) The case of the petitioner is that the respondents had earlier framed regulations on the same subject i.e. Customs Brokers Licensing Regulations, 2013 vide notification No. 65/2013-Customs (N.T.) dated 21.06.2013. The petitioner states that impugned regulation i.e. Customs Brokers Licensing Regulations, 2018 was framed vide notification No. 41/2018-Customs (N.T.) dated 14.05.2018, amended by notification No. 08/2019-Customs (N.T.) dated 06.02.2019. Under the said impugned regulation, the written examinations for Customs Brokers License were held on 15.03.2019 and the result was declared on 20.03.2019, wherein the petitioner was declared qualified. On 30.04.2019, the petitioner was called for oral examination, which was conducted on 23.05.2019. The result of oral examination was published on 07.06.2019. The petitioner was not selected after the compilation of result. The petitioner made a representation that he should be called for second oral examination on 08.07.2019. However, the respondent has not accepted the said representation and consequently, the petitioner has preferred the present petition.