Rajesh Kumar vs. Union Of INDIA & Ors

Facts

Three writ petitions were filed by Rajesh Kumar, Pawan Kumar, and Ms. Priyanka Rai seeking directions to the respondents to issue them licenses as Custom Brokers under the Customs Brokers Licensing Regulations, 2013 (CBLR, 2013). The petitioners had applied for the license after the advertisement in April 2017. They cleared the written examination held on January 19, 2018, securing over 50 marks. They then appeared for the oral examination, first on July 11/12, 2018, and failed to secure 50 marks. Subsequently, the CBLR, 2013 was amended to CBLR, 2018, which provided for only one attempt for the oral examination. The petitioners received admit cards on April 30, 2019, for their second attempt under CBLR, 2018, and appeared for the oral examination on May 23/25, 2019. They secured marks above 50 but below 60, which was the new cut-off communicated via a letter dated May 3, 2019.

Held

The Court held that the writ petitions were allowed. The Court found that the selection process for the petitioners had commenced under the CBLR, 2013, which stipulated a passing mark of 50 for both written and oral examinations. The Court noted that the communication dated April 30, 2019, which served as admit cards for the oral examination under CBLR, 2018, did not mention the revised cut-off of 60 marks. The Court found it significant that the communication introducing the 60 marks cut-off, dated May 3, 2019, was an internal communication not addressed to the petitioners and was issued after their admit cards were already dispatched. The Court reasoned that it was impermissible to change the criteria midway through the selection process without prior notice to the candidates. The Court distinguished the cited judgment of Om Prakash Shukla v. Akhilesh Kumar Shukla, finding it distinguishable on facts. Consequently, the Court directed the respondents to issue licenses to the petitioners as Custom Brokers.

Key Issues

1. Whether the petitioners, who applied under CBLR, 2013 and cleared the written examination with 50 marks, could be assessed for the oral examination under a revised cut-off of 60 marks, introduced via an internal communication dated May 3, 2019, after the selection process had commenced and their admit cards for the second attempt were issued on April 30, 2019. Petitioner's arguments: The petitioners contended that the selection process began under CBLR, 2013, where the passing marks for both written and oral examinations were 50. They argued that the change in the cut-off marks to 60 for the oral examination, communicated through an internal letter dated May 3, 2019, was not made known to them before they appeared for the examination on May 23/25, 2019. They asserted that changing the criteria midway through the selection process, without prior notice, was impermissible and that their right to be considered on the original parameters could not be taken away. They relied on the fact that they had secured 50 marks in the oral examination. Revenue's arguments: The respondents, through their counsel, relied on the judgment in Om Prakash Shukla v. Akhilesh Kumar Shukla, 1986 Supp SCC 285: 1986 SCC (L&S) 644, to contend that the petitioners were not entitled to relief.