P.K. Raveendran vs Commissioner of Customs

C.N. Ramachandran Nair, J.—Heard counsel for he petitioners and Assistant Solicitor General for respondents.

All petitioners are holders of temporary Customs Agents licence. Under the 2004 Regulation, temporary licensees are given two years'' time to pass the written examination to regularise their licence. Except petitioners 2 and 7, all others have become qualified licensees by passing the examination. Therefore, the prayer in the writ petition is limited to petitioners 2 and 7 who are writing the examination being held in the 3rd week of December 2006. Counsel for petitioner contended that the Regulations require examination to be conducted twice in an year. Therefore according to him, minimum three examination should have been completed from the commencement of the new regulation introduced in 2004. Petitioner''s case is that they can write four examinations to be conducted in two years. Since Regulation 8(5) requires temporary licensees to pass examination within two years from the commencement of the new regulation, petitioners should pass examination atleast in three chances as the result of the last examination can be published only after two years from the date of commencement of the new regulation.

In the circumstances, writ petition is disposed directing respondents to permit the petitioners to continue as temporary licensees until results of the next examination is published and thereafter depending on the results of the examination. Petitioners 2 and 7 should be permitted to write the examination being held now.

Writ petition is disposed of.