Page 199 - ELT_1st August 2020_Vol 373_Part 3

2020 ]SHABEER AHMED SAYEED v. PR. COMMR. OF CUS. (PREVENTIVE), TIRUCHIRAPALLI381

ject of any examination is to ensure that qualified candidate promoted to next post. If
examination conducted with the object to reject candidates, then examination itself to be
struck down. [paras 7, 8, 9]
Petition allowed
REPRESENTED BY : Shri R.S. Sivaram, for the Petitioner.
Shri B. Vijay Karthikeyan, Senior Standing Counsel,
for the Respondent.
[Order]. - The writ petition has been filed in the nature of Certiorarified
Mandmaus to call for the records relating to the impugned notification regarding
examination issued by the respondent viz., the Principal Commissioner, Office of
the Commissioner of Customs (Preventive), No. 1, Williams Road, Cantonment,
Tiruchirapalli, with respect to screening and selection of candidates from “H”
Card to “G” Card and for permission to hold “G” Card license.
2. This notice was issued on 30-1-2019, in Notice No. 1 of 2019. The pe-
titioner is a “H” Card license holder. He is a Customs Broker. The minimum ed-
ucational qualification required is 10 + 2. With the basis of “H” Card license, a
photo identity card is given to him and he can transact work at the Customs Sta-
tion. He must produce the identity card whenever demanded by any Officer in
the Customs Station. The Customs Brokers Licensing Regulations, 2018 issued a
Notification No. 41/2018-Cus. (N.T.), dated 14-5-2018, specifying that a Customs
Broker is a person licensed under the regulations to act as an agent on behalf of
the importer or an exporter for purposes of transaction of any business relating
to the entry or departure of conveyances or the import or export of goods at any
Customs Station including audit.
3. There are three kinds of card holders. “F” card holder, “G” card
holder and “H” card holder. On qualifying of a written examination as stipulated
under the Regulations referred above, he can be appointed as a “G” card holder.
As a “G” card holder he will have the permission of signing the documents.
4. The Learned Counsel for the petitioner had drawn the attention of
this Court to the manner in which “H” card license holders are selected to be-
come “G” card license holder in other port authorities across the country. The
illustrations of Noida, Jodpur, Mundra, Kandla and Kolkata had been drawn to
this Court. It is seen that in all those stations, the Regulations stipulated that a
written examination alone is conducted for selection of candidates from “H” card
holder to “G” card holder. Those Regulations have been stipulated by those Cus-
toms Authorities on the basis of the Customs Brokers Licensing Regulations,
2018. Under these Regulations “G” and “H” card holders are defined as follows :
(h) “G card holder” means a person who has passed the examination re-
ferred to in regulation 13 and has been issued a photo identity card in Form
G;
(I) “H card holder” means a person who has not passed the examination
referred to in regulation 13 and has been issued a photo identity card in
Form H;
5. Regulation 13 again referred to relates to Engagement or Employ-
ment of persons.
6. Sub-clause 5 of Clause 13 relates to the manner in which a “H” card
holder is selected. It is seen that he must pass a written examination. Regulation
EXCISE LAW TIMES  1st August 2020  199