K. SIVAKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner, as well as the learned counsel appearing on behalf of the respondents. It has been stated that the petitioner had appeared in the Customs House Agent written examination and the oral examination, held under Regulation 9 of the Customs House Agents Licensing Regulations, 1984. It had been declared that the petitioner had qualified in the examinations by the communication issued by the office of the Commissioner of Customs.

(2.) IT had been further stated that the grant of licence to the petitioner, as customs house agent is governed by the Customs House Agents Licensing Regulations, 1984, The Regulations had been issued, originally, in the year 1965. The said regulations had been repealed by the subsequent regulations issued in the year, 1984, vide Notification No. 85 -Cus., dated 19 -3 -1984. Thereafter, the Regulations issued in the year 1984, had been superseded by the Customs House Agents Licencing Regulations, 2004, vide Notification No. , dated 23 -2 -2004. The new regulations issued in the year 2004, had specifically saved the things done or omitted to be done under the old regulations, as well as those which had been omitted to be done before the introduction of the new regulations. However, the regulations issued in the year, 2004, contains a condition that those who had passed the examinations under the regulations issued in the year, 1984, would be required to pass another examination, in respect of the additional papers introduced under the new regulations issued in the year, 2004.

(3.) IT had been further stated that a Division Bench of the Gujarat High Court had quashed the new regulations issued in the year, 2004, by its order, dated 1 -10 -2010, in Ravindra K. joshi v. Union of India - : 2011 (267) E.L.T. 337 (Guj.). It had been further stated that, in G. Saravanan v. Union of India and Others, this Court, by its order, dated 28 -9 -2011, made in W.P. No. 11699 of 2011, had directed the Commissioner of Customs (CHA Section) Chennai, to issue Customs House Agents Licence to the petitioner therein. In the said writ petition, the petitioner had passed the written as well as the oral examination, prior to the coming into force of the new regulations issued in the year, 2004. The petitioner in the present writ petition is also a similarly placed person, who had qualified in the written and the oral examinations, before the new regulations had come into force.