Page 121 - ELT_1st July 2020_Vol 373_Part 1

2020 ] CENTRAL BOARD OF CUS. & C. EX., NEW DELHI v. T. RADHAKRISHNAN 31

parts and it permits a person holding (1) Master Degree in any subject or (2) an equiva-
lent to Masters Degree in Accounting/Management/Finance etc., or (3) having an expe-
rience of two years as G-Card holder, thus a mixture of three categories with no water-
tight silos in these categories, are given as criteria to apply for such Customs Broker Li-
cense under CBLR. [paras 6, 7, 8, 9, 10, 11]
Appeal dismissed
REPRESENTED BY : Shri Shanmugam Rajasekar, for the Appellant.
[Order per : Vineet Kothari, J. (Common)]. - The Central Board of
Customs & Central Excise, represented by its Secretary has filed this intra Court
appeal, aggrieved by the order of the Learned Single Judge dated 11-7-2019 [2019
(368) E.L.T. 453 (Mad.)], allowing the Writ Petition No. 1202 of 2015 filed by one
Mr. T. Radhakrishnan seeking licence under the provisions of Customs Brokers
Licensing Regulations, 2013. (in short, ‘CBLR’) :
2. The Learned Single Judge allowed the writ petition with the follow-
ing observations :
‘5. The impugned order seems to refer to a disqualification by quot-
ing a Degree obtained by the petitioner from a foreign university. Appar-
ently, the Master’s Degree in Science obtained by the petitioner from Indian
Institute of Technology, Madras in the year 1977 has been lost sight of by
the respondents, which can also be considered as a requisite qualification as
prescribed under the Regulations. As such, a mere reference to the addi-
tional foreign degree obtained by the petitioner as a disqualification is un-
founded, in view of the fact, that the petitioner has otherwise qualified
himself to participate in the written examination. Apparently, the im-
pugned order is contrary to the CBLR Regulations.
6. In view of the fact that the petitioner has possessed both a Bache-
lor’s Degree as well as Master’s Degree in Science from the Indian Institute
of Technology, Madras, he is deemed to have qualified himself to take up
the written examination for Customs Broker License.
7. Pending the Writ petition, this Court by way of an interim order
dated 21-1-2015, had permitted the petitioner to write the written examina-
tion, which was held on 28-1-2015 and keep the results in a sealed cover.
The Learned Standing Counsel appearing for the respondent also submit-
ted that in compliance of the interim order, the petitioner was permitted to
write the written examination.
8. In the light of the observations made in this order, the impugned
order of the 4th respondent dated 2-1-2015 in F.No. S.Misc.08/2014-CBS is
set aside. Consequently, the respondents are directed to publish the peti-
tioner’s result in the written examination held on 28-1-2015 and if he is
found to be qualified in the examination, permit him to participate in the
subsequent oral interview, without any further reference to his educational
qualification. Such an exercise shall be completed within a period of thirty
days from the date of receipt of the copy of this order. Accordingly, this
writ petition stands allowed. No costs. Consequently, the Miscellaneous Pe-
titions are closed.’
3. The relevant clause 5(f) of CBLR is quoted in extenso herein below,
as only a part of it was quoted by the Learned Single Judge :
‘5. Conditions to be fulfilled by the applicants. - The applicant for
a licence to act as a Customs Broker in a Customs Station, shall prove to the

EXCISE LAW TIMES  1st July 2020  121