Page 119 - ELT_3rd_1st May 2020_Vol 372_Part

2020 ] MANISH RISHISHWAR v. UNION OF INDIA 341

der, he cannot claim that he be given a second chance to appear for interview
in terms of superseded 2013 Regulations - Judgments relied by petitioner are
distinguishable on facts - Putting curbs and reducing number of attempts to
clear written as well as oral examination under 2018 Regulations is not arbi-
trary or violative of Article 14 of Constitution of India - Clauses 5 and 6 of Cus-
toms Brokers Licensing Regulations, 2018 - Article 226 of Constitution of In-
dia. [paras 4, 5, 6, 7, 8, 9, 10]
Petition dismissed
CASES CITED
Chairman, Railway Board v. C.R. Rangadhamaiah — (1997) 6 SCC 623
— Distinguished .................................................................................................................... [Paras 7, 11]
J.S. Yadav v. State of U.P. — (2011) 6 SCC 570 — Distinguished ............................................ [Paras, 7, 11]
Union of India v. Tushar Ranjan Mohanty — (1994) 5 SCC 450 — Distinguished ............... [Paras 7, 11]
REPRESENTED BY : S/Shri S. Wasim A. Qadri, Senior Advocate with
Shakti Vardhan, Ms. Amiy Shukla and Tamim
Qadri, Advocates, for the Petitioner.
S/Shri Amit Bansal, Aman Rewaria and Ms.
Vipasha Mishra, Advocates, for the Respondent.
[Order per : Vipin Sanghi, J. (Oral)]. - W.P. (C) 8076/2019 & CM Appl.
33390/2019 : The petitioner has preferred the present writ petition to assail clause
5(1)(h)(ii) of the Customs Brokers Licensing Regulations, 2018 framed vide Noti-
fication No. 41/2018-Cus. (N.T.), dated 14-5-2018, amended by Notification No.
8/2019-Cus. (N.T.), dated 6-2-2019. The petitioner also seeks the quashing and
setting aside of clauses 6.4, 6.5 and 6.6 of the Customs Brokers Licensing Regula-
tions, 2018 framed vide Notification No. 41/2018-Customs (N.T.), dated 14-5-
2018, amended by Notification No. 8/2019-Cus. (N.T.), dated 6-2-2019.
2. The petitioner incorporated his company named Rishishwar Logis-
tics Pvt. Ltd. on 9-11-2011; he obtained Certificate of Importer Exporter Code
from Zonal Director General of Foreign Trade, Ministry of Commerce and Indus-
try on 13-4-2012; the petitioner received Valuable Association Award for Catego-
ry (Freight Forwarders) from Container Corporation of India for his excellent
performance on 17-10-2016 and also received Certificate of Appreciation from
Central Board of Direct Taxes for his excellent performance in bronze category in
2017.
3. The case of the petitioner is that the respondents had earlier framed
regulations on the same subject i.e. Customs Brokers Licensing Regulations, 2013
vide Notification No. 65/2013-Cus. (N.T.), dated 21-6-2013. The petitioner states
that impugned regulation i.e. Customs Brokers Licensing Regulations, 2018 was
framed vide Notification No. 41/2018-Cus. (N.T.), dated 14-5-2018, amended by
Notification No. 8/2019-Cus. (N.T.), dated 6-2-2019. Under the said impugned
regulation, the written examinations for Customs Brokers License were held on
15-3-2019 and the result was declared on 20-3-2019, wherein the petitioner was
declared qualified. On 30-4-2019, the petitioner was called for oral examination,
which was conducted on 23-5-2019. The result of oral examination was published
on 7-6-2019. The petitioner was not selected after the compilation of result. The
petitioner made a representation that he should be called for second oral exami-
nation on 8-7-2019. However, the respondent has not accepted the said represen-
tation and consequently, the petitioner has preferred the present petition.
EXCISE LAW TIMES  1st May 2020  119