CHAIRMAN Vs. R. CHANDRASEKARAN

JUDGEMENT

(1.) Challenge in this appeal is to an order made in W.P. No.24210 of 2012 dated 01.12.2012, by which, the Writ Court, directed the Commissioner of Customs (Imports), Chennai-1 and the Assistant Commissioner of Customs, Chennai-1, appellants 2 and 3 herein, to issue necessary certificate, granting Customs House Agent Licence to the respondent, as per Regulation 9 of the Customs House Agent Licence Regulation, 2004, on the respondent complying with the requirements prescribed under Regulation 10 of the said regulation, within a period of 8 weeks from the date of receipt of a copy of the order made in the writ petition.

(2.) Short facts leading to the appeal are that, the respondent appeared in Customs House Agent written examination and oral examination held under Regulation 9 of the Customs House Agents Licensing Regulation, 1984. He was declared qualified in the examination, by a communication issued by the Office of the Commissioner of Customs.

(3.) Central Board of Excise and Customs made a new Regulation for Customs House Agents in the year 2004, in short referred to as CHALR, 2004. Regulation 9 of CHALR 2004 prescribes passing of an examination, in terms of Regulation 8 of the new Regulation 2004, as a condition precedent for grant of licence under Regulation 9 of CHALR 2004. Subsequent to the formulation of CHALR 2004, appellants denied grant of licence on the grounds inter alia that the respondent cleared the examination only under the 1984 Regulation.