A.K. Yog, J. - (1.) The petitioner/Aley Haider, before us, has approached this Court by filing the present writ petition under Article 226, Constitution of India being aggrieved by the appellate judgment and order dated 5/11-10-2004 passed by the Chief Commissioner, Custom and Central Excise, Meerut Zone, Meerut in Appeal No. 05/CC/Meerut/2004 (Annexure-7 to the writ petition) rejecting request of the petitioner to permit him to avail one more chance to clear Customs House Agents Examination (for short 'CHA Examination') as contemplated under Regulation 9 of the Customs House Agents Licensing Regulations, 1984 (for short 'Regulations, 1984).
(2.) The brief facts, giving rise to the present writ petition, are that the petitioner was given temporary CHA licence dated 20-11-2000 initially for one year (which was subsequently extended for another one year) as Customs House Agent (called-'CHA') at ICD Moradabad under Regulation 8 of Regulations, 1984. The said temporary licence in favour of the petitioner was to expire on 19-11-2002. The said licence was not extended and at the same time the concerned Authority refused to grant regular licence as contemplated under Regulation 10 of the Regulations, 1984 on the ground that the petitioner, in spite of required number of opportunity being given, failed to pass the examination provided under Regulation 9 of the Regulations, 1984. The petitioner was allowed, vide order dated 21-05-2003 (infra) passed by Chief Commissioner (Annexure-5 to writ petition), to continue to work as CHA at ICD Moradabad till declaration of his result in the written examination held by him on 14-6-2002.
(3.) Under Regulations, 1984 within the relevant period of two years (viz. 20-11-2000 to 19-11-2002) it is claimed that 'examination' was held on four occasions, namely, 29-12-2000, 18-7-2001, 28-12-2001 and 14-6-2002.;