SUNIL KOHLI Vs. UNION OF INDIA

JUDGEMENT

(1.) For deciding these Writ Petitions the Custom House Agents Licence Regulations, 1984 is to be considered and interpreted against the Customs House Agents Licence Regulations, 2004.

(2.) The case of the Petitioners is that they have been working with Customs House Agents from 1985 onwards. They are holders of 'G' Cards issued by the Customs Department under the 1984 Regulations. This Card was issued to them because they had held an 'H' Card because they had been working with a permanent Licencee. After holding a 'G' Card for a period of three years the Petitioners would become eligible for being considered for the issuance of a temporary licence under Regulation 8 of the 1984 Regulation. A prerequisite for the grant of a temporary licence under Regulation 8 was that as per Regulation 9(5) the holder of a regular licence had to authorise such persons to appear in the Examination. Persons who have been successful in the Examinations must further fulfill all the conditions laid down in Regulation 10 to become entitled for the issuance of a regular licence . It is not without cause that the Petitioners have contended that the present regular licences have succeeded in keeping others out of their trade.

(3.) It is relevant to mention that the employers of some of the persons endeavouring to become licence holders had unsuccessfully challenged the provisions of the 1984 Regulations before the Hon'ble Supreme Court in Federation of Customs House Agents Association vs. Union of India, AIR 1996 SC 2513.