R K RUBIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners in the writ petitions are carrying on business as Customs House Agents under temporary licences granted to them under the Customs House Agents Licensing Regulations, 1984. They have not qualified for permanent licences on account of their failure to pass the written and oral examinations conducted under these Regulations. In the present writ petitions, they have challenged the manner in which these Regulations, in so far as they pertain to conducting examinations, have been applied to them. The petitioners or persons working under them have passed the written examination within the prescribed period, but have failed to pass the oral examination. Hence, there licence have been terminated.

(2.) UNDER Customs House Agents Licensing Regulations, 1984, Customs House Agents who desire to work in Customs Stations are required to hold a regular licence granted under the Regulations. Under Regulation 8, there is a provision for grant of a temporary licence. It provides as follows :

(3.) REGULATION 9 prescribes an examination, which has to be passed by an applicant before he can be granted a regular licence. The relevant portions of Regulation 9 are as follows :-