HARIVADAN C DHAGAT Vs. INSURANCE REGULATIRY AND DEVELOPMENT

JUDGEMENT

(1.) Though there is challenge raised by the petitioner in the present writ petition under Article 226 of the Constitution of India to Regulation 14 of Insurance Surveyors and Loss Assessors (Licensing, Professional Requirements and Code of Conduct) Regulations, 2000 (hereinafter "the Regulations"), as well as to the circulars issued by the respondents dated 11th September, 2001, 4th December, 2002 and 24th May, 2003 laying down the financial limits for the purpose of categorization of the surveyors/loss assessors and for quashing the letter 15th May, 2006, in so far as it directs the petitioner to pass the examination conducted by the Insurance Institute of India, it may not be necessary for us to either discuss the facts in great detail or examine the merits or otherwise of the contentions raised by the learned counsel appearing for the respective parties, in view of the course we propose to adopt in disposing of the present writ petition.

(2.) The petitioner is a Chartered Accountant and practicing as such since 11th August, 1960. In the year 1962, he started taking up insurance survey assignments for general insurance business. After enactment of the Insurance (Amendment) Act, 1968, licensing of surveyors or loss assessors was made mandatory as per Section 64 UM of the Insurance Act, 1938 (hereinafter "the Act"). The petitioner applied for a licence and was issued a licence being SLA No. 165 which was valid upto 31st May, 1975, whereafter the petitioner has been continuously getting his licence renewed and is a holder of a valid licence under current Insurance Licence Number SLA/52225/0510/ Exp7/8/2010. After coming into force of Insurance Regulatory and Development Authority Act, 1999, the primary purpose was to protect the interest of holders' of insurance policies, to regulate, promote and ensure orderly growth of the insurance industry and for matters connected therewith or incidental thereto. The licensing of the surveyors or loss assessors was being completed by the respondents in accordance with the provisions of the Act as well as the Regulations framed under the provisions of the Act. The petitioner being a holder of the said licence had applied, vide his letter dated 28th April, 2006, to categorise him as a Category-A Surveyor. In response to this letter, the respondents, vide their letter dated 15th May, 2006, informed the petitioner that his categorization could be done only if he passed the examination. The letter dated 15th May, 2006 reads as under:

(3.) Aggrieved from this action of the respondents, the petitioner filed the present writ petition.