SMT. SUNITA GULATHI Vs. UNION OF INDIA (UOI) THROUGH ITS SECRETARY, MINISTRY OF FINANCE, GOVERNMENT OF INDIA AND CENTRAL BOARD OF EXCISE AND CUSTOM THROUGH ITS CHAIRMAN, GOVERNMENT OF INDIA, MINISTRY OF FINANCE
HIGH COURT OF DELHI
Smt. Sunita Gulathi
Union Of India (Uoi) Through Its Secretary, Ministry Of Finance, Government Of India And Central Board Of Excise And Custom Through Its Chairman, Government Of India, Ministry Of Finance
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S.MURALIDHAR, J. -
(1.) RULE D.B.
(2.) THE Petitioner sat for a written examination conducted by the Director General of Inspection for being licensed as a Custom House Agent in terms of the Customs House Agents Licensing Regulations, 2004 (hereinafter referred to as the Regulations). She sat for the written examination on 14th June, 2004 and was declared successful on 20th April, 2005.
(3.) IN terms of Regulation 8(1) of the Regulations, an examination is to be conducted by the Director General of Inspection twice a year. Regulation 8(2) of the Regulations postulates not only a written examination but also an oral examination. Consequently, on reading of Regulation 8(1) and Regulation 8(2) of the Regulations, the written examination as well as the oral examination is required to be conducted twice a year. Regulation 8(1) and Regulation 8(2) of the Regulations read as follows:
8 Examination of the applicant: - (1) Any applicant whose application is received within the last date specified in the notice or publication, as the case may be, referred to in Regulation 4 and who satisfied the requirements or Regulations 5 and 6 shall be required to appear for the written as well as oral examination conducted by the Director General of Inspection at specified centres and specified dates, twice every year, for which intimation shall be sent individually in advance before the date of examination.
Provided that an applicant who has already passed the examination referred to in Regulation 8 will not be required to appear for any further examination.
(2) The applicants declared successful in written examination shall be called for oral examination.
She was called for an oral examination on 19th September, 2006 but was unable to succeed. This was the first time the Petitioner was called in the year 2006 for an oral examination.;
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