Legal principle

A writ court will not interfere under Article 226 with a pure policy decision prescribing a qualifying examination for persons handling customs clearance, where the affected employees remain eligible to take that examination and the authorized courier's right to carry on business is not abrogated.

Court decision

A Division Bench of the Bombay High Court (S.C. Dharmadhikari and A.A. Sayed, JJ.; judgment per A.A. Sayed, J.) dismissed the writ petition, holding that no case for interference under Article 226 was made out; the respondents' affidavit-in-reply dispelled the petitioner's grievances, including the demand for a further opportunity to appear for the examination so long as candidates met the eligibility criteria; no order as to costs.

Facts

The petitioner, an association of 37 registered 'Authorized Couriers', clears imported and exported documents, samples and consignments through Chhatrapati Shivaji International Airport, Mumbai under the Courier Imports and Exports (Clearance) Regulations, 1998. The 1998 Regulations were amended in 2010 (Notification No.75/2010 dated 12.08.2010) to require declarations for clearance to be filed through a person who has passed the examination referred to in Regulation 8/19 of CHALR 2004, with transition periods extended by CBEC Circulars 21/2011 and 05/2012. By an Office Note dated 28.07.2014, the Deputy Commissioner of Customs, Courier Cell directed courier companies to engage employees holding 'F' or 'G' cards (issued to persons who cleared that examination), failing which no clearance would be permitted after 15 August 2014. In its affidavit-in-reply, the department stated that most courier companies had since engaged CHA firms or hired or employed persons with the prescribed qualification; that courier employees may still appear for the Regulation 6 examination of CBLR 2013 subject to Regulation 5 eligibility and a seven-year window under Regulation 6(6); that over 6,000 persons qualified under Regulation 17 of CBLR 2013 were available in Mumbai; and that no Kardex card was being insisted upon.

Key provisions

• Regulation 6, Customs Brokers Licensing Regulations, 2018 — Examination of the applicant
• Regulation 17, Customs Brokers Licensing Regulations, 2018 — Procedure for revoking license or imposing penalty
• Regulation 5, Customs Brokers Licensing Regulations, 2018 — Conditions to be fulfilled by the applicants
• Section 146, Customs Act, 1962 — Licence for Customs Brokers
• Section 157, Customs Act, 1962 — General power to make regulations
• Regulation 5, Courier Imports and Exports (Clearance) Regulations, 1998 — Clearance of import goods
• Regulation 19(1), Customs Brokers Licensing Regulations, 2018 — Appeal
• Section 2, Customs Act, 1962 — Definitions