MUTHU ARUL SELVAN Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The petitioner Shri Muthu Arul Selvan is a H Card holder working with Customs Broker M/s.Villavarayar and Sons. He had appeared the Form - G Examination conducted on 30.08.2014 by the Department under Customs Brokers Licencing Regulations (CBLR), 2013 and scored 67 marks the second highest in the said written examination. Candidates scoring 50 and above in the written examinations are eligible for appearing in the Oral exam scheduled for 30.10.2014. Successful candidates will be awarded G - Card.

(2.) In the intervening time before the Oral Exam, that is on 28.10.2014, the second respondent had issued a letter dated 28.10.2014 informing the cancellation of his candidature and debarring him from the examinations with a direction to surrender his H Card. It was mentioned that the above decision was taken in view of the adverse remark against the petitioner in relation to an unauthorized manual amendment EDI Bill of Entry in discharge of his duties as a H Card Holder working for M/s Villavarayar and Sons. The petitioner had filed a representation on 29.10.2014 requesting him to appear for the oral examination scheduled on the next day. The representation was rejected by the second respondent vide the impugned letter dated 29.10.2014 received by the petitioner on 31.10.2014. Challenging the above orders, the petitioner Shri Muthu Arul Selvan has filed W.P(MD)No.17801/14 and W.P(MD)No. 17802/14 has been filed by M/s.Villavarayar and Son, Represented by its Partner, Mr.Pinto Villavarayar, to direct the 3rd respondent to send the signature of Shri.P.Arul Asir Rajanayagam, Superintendent as appearing in the bill of entry no.9602856 dated 18.3.2014 for re- verification to another independent expert. As the prayer in both the writ petitions are interlinked, both the writ petitions are heard together.

(3.) It is the grievance of the petitioner that the impugned orders were passed without following the principles of natural justice and that the act of the 2nd respondent to cancel the candidature of the petitioner is a violation of Fundamental Right. The petitioner submits that he had handled an import consignment for M/s.International Business and Trade, Tirupur under BOE No 9602856 dated 18.03.2014. The petitioner avers that wrong entries entered by him in the said the bill of entry was not intentional or purposeful but typographical and upon pointing out by the importer, he contacted one Shri. P.Arul Asir Rajanayagam, Superintendent of Custom, Tuticorin and got the bill of entry corrected manually after endorsing the same in the BOE copy affixing his signature.