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Judgment
Delay condoned. Leave granted in all the Special leave petitions.
These appeals are directed against the judgment and order passed by the High Court of Judicature of Gujarat in Special Civil Applications Nos. 6151, 6152, 6916, 6917, 6918, 6919, 6920, 6921 & 6922/2010, 2584/2011, 3984/2011, 4425/2011, Misc. Civil Application No. 1240/2011, Special Civil Application Nos. 927/2011, 983/2011, 928/2011, 8332/2010, 8289/2010 dated 1-10-2010 Ravindra K. Joshi Vs. Union of India (UOI) and Others, (Guj.)], 10-3-2011, 11-4-2011, 7-4-2011, 5-5-2011, 24-2-2011, 10-2-2011 respectively and against the judgment and order of the High Court of Bombay in W.P. (L) No. 1522 of 2011 The Bombay Custom House Agents Association and others Vs. The Union of India and others, dated 7-12-2011 respectively and judgment and order passed by the High Court of Judicature at Madras in WA No. 1182/2011 dated 26-9-2011. By the impugned judgment(s) and order(s), the High Court has quashed the Customs House Agents Licensing (Amendment) Regulations, 2010 and observed that those applicants who have already passed in the examinations conducted under Regulation 9 of the Customs House Agents Licensing Regulations, 1984 are entitled to be considered for grant of Customs House Agent Licenses without having to clear the examination in the additional subjects as required under Customs House Agents Licensing Regulations, 2004.
However, the High Court of Bombay in the connected matters had taken a different view. Aggrieved by the judgment and order, one of the Appellants, Sunil Kohli and Ors. had approached this Court in C.A. Nos. 4053-4061 of 2012 Sunil Kohli Vs. Union of India (UOI), This Court while accepting the stand of the Appellants herein had allowed their civil appeals and had set aside the judgment(s) and order(s) passed by the Delhi High Court in the said appeals.
After disposal of the Sunil Kohli's case (supra) by this Court, the Central Board of Excise & Customs, Government of India, Ministry of Finance, Department of Revenue has issued Circular No. 06/2013, dated 6-2-2013 and thereby deleted paragraphs 8.1 and 8.2 of Circular No. 09/2010-Customs, dated 8-4-2010.
These appeals were posted before this Court on 11-4-2013. Shri C.A. Sundaram, learned senior counsel had submitted that the issues raised in these appeals are squarely covered by the decision of this Court in Sunil Kohli's case (supra). The learned senior counsel for the Revenue, Shri R.P. Bhatt, had sought time to verify the submission so canvassed by Shri Sundaram.
Shri Prasad, the instructing counsel for Shri. Bhatt had addressed a letter to the Government of India, Ministry of Finance, Department of Revenue, dated 3-4-2013, inter alia, requesting them to provide him with necessary instructions in the present appeals.
By the communication dated 5-4-2013, the Central Board of Customs and Excise has informed Shri Prasad, that the revenue has accepted the view expressed by this Court in Sunil Kohli's case and accordingly they have issued a Circular No. 06/2013, dated 6-2-2013.
The instructions so received by Shri Prasad reads as under:
Now, subsequent to order in C.A. Nos. 4053-4061 of 2012 in the case of Sunil Kohli and Ors. v. Union of India and Ors., vide order dated 27-4-2012, C.B.E. & C. has issued Circular No. 06/2013 thereby deleting para 8.1 and 802 of Circular No. 09/2010-Customs dated 8-4-2010. Thus need of passing a special examination for Regulation 9 candidates of earlier Regulation (CHAIR, 1984) no more exists for consideration of fresh licence.
Hence, it is stated that the issues involved in both the cases viz. SLP (C) Nos. 6026/2012 and 5143/2012 are similar and Circular No. 06/2013 which addresses the concern of the Appellants may be brought to the notice of the Apex Court during the hearing of the appeals.
In view of the information received by Shri Prasad, he would submit that the issues raised in these appeals are squarely covered by the decision of this Court in Sunil Kohli's case (supra).
Following the judgment and decision of this Court in Sunil Kohli's case (supra) all these appeals are disposed of in the same terms, observations and directions.
In view of the decision of this Court in Sunil Kohli's case (supra), the judgment(s) and order(s) passed by the Bombay High Court are is aside. Ordered accordingly.