Order Date – 12 January 2023

Parties: Reetesh Kumar Shukla Vs The Commissioner of Customs (Airport and General) and others

Facts –

• The Petitioner, Reetesh Kumar Shukla had appeared in the customs broker examination conducted by Directorate General of Performance Management Customs, Central Excise and Service Tax
• Before the commencement of the said examination, the passing marks for the oral examination had been fixed at 50 marks. However, once the examination process begun, the same was increased to 60 marks. Due to this increase in cut off marks, since the Petitioner did not satisfy the score of 60, he was declared as an unsuccessful candidate.

Issue – 

• Whether the petitioner is eligible for customs broker license?

Order – 

• The Hon’ble High Court relied on the decision of the W.P(C) 12777/2019, W.P(C) 12865/2019 and W.P(C) 13132/2019 wherein the ld. Single Judge of this Court had, by a detailed order dated 18th February, 2022, held that the cut off marks could not have been changed after the examination notice was issued.
• Hence it is directed that the Petitioner be issued the customs broker license, subject to verifying that the Petitioner has scored 50% and above in the oral examination. The verification process shall be conducted within two weeks and the license shall be issued within four weeks.
• The writ petition allowed.