R K SAHU Vs. UOI

JUDGEMENT

(1.) THE petitioner, Mr. R. K. Sahu, had appeared in written examination held under Regulation 8 of the Customs House Agents Licensing regulations, 1984 (1984 Regulations, for short ). Before the petitioner could appear in the oral interview, on 23rd February, 2004, 1984 regulations were repealed and replaced with enactment of Customs House agents Licensing Regulations, 2004 (2004 Regulations, for short ). The regulations prescribed different eligibility requirements and the written examination required to be cleared had 2/3 new papers including papers on computer knowledge, etc.

(2.) IN view of the 2004 Regulations, the petitioner was not granted customs House Agents Licence on the ground that the petitioner had cleared the written examination held under 1984 Regulations and not under 2004 Regulations.

(3.) SOME other persons, who had cleared examination under 1984 regulations but were denied registration in view of enactment of 2004 regulations had filed writ petitions in this Court, which were allowed by learned Single Judge holding, inter alia, that once examination results were declared under 1984 Regulations, the said applications were required to be processed under 1984 Regulations within a reasonable time. The learned Single Judge further went on to conclude that since 1984 regulations were no longer in force, the licence to be issued to the successful petitioners therein would be under the 2004 Regulations.