IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 1306 of 2009(E) ------------------------- PETITIONER: -------------- GLADIS.K.J. M/S.GENERAL SHIPPING & FORWARDING SERVICE LCENSED C.H.AGENTS, NINAS BUILDING, 1ST FLOOR, WILLINGTON ISLAND, COCHIN-3. BY ADV. SRI.SAIGI JACOB PALATTY RESPONDENTS: ----------------- 1. THE COMMISSIONER OOF CUSTOMS, CUSTOMS HOUSE, CHOCHIN-3. 2. THE ASSISTANT COMMISSIONER OF CUSTOMS (I&B) CUSTOMS HOUSE, COCHIN-3. R1 & R2 BY ADV. SRI.TOJAN J.VATHIKULAM,SC,C.B. EXCISE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------- W.P.(C) No. 1306 of 2009 -------------------------------------- Dated this the 21st day of January, 2009 JUDGMENT Heard both sides. 2. The prayer in this writ petition is to direct the respondents to permit the petitioner to appear for the ensuing oral examination for appointment as Custom House Agent. As per Regulation (8) of the Customs House Agents Licensing Regulations, a candidate who has passed the written examination should pass oral examination within two years. In so far the petitioner is concerned, she had appeared for the written examination and passed the same and result was declared on 22/03/2007. By Exhibit P1, petitioner requested the first respondent to permit her to appear for the next oral examination which is stated to be scheduled to March, 2009. However, she apprehends that she will not be permitted, for the reason that by March, 2009, the two year period specified in the regulation is over. 3. However, learned counsel for the petitioner has produced a judgment of this court W.P(C) No.36476 of 2008 as Exhibit P2, where W.P.(C) No. 1306 /2009 2 it has been held that the two year period specified in the regulation shall be construed with reference to the date of publication of the results. Since the result of the written examination in which the petitioner appeared was declared on 22/03/2007, if the oral examination is held before 22/03/2009, the petitioner is entitled to appear for the same. Therefore, writ petition is disposed of directing the responds to permit the petitioner to appear for the oral examination for appointment as Custom House Agent, provided the same is held before 23/03/2009. ANTONY DOMINIC, JUDGE scm