Delhi High Court Orders Grant of Customs Brokers License, Citing "Principle of Equal Treatment"

In a significant ruling, the Delhi High Court, in its judgment on Writ Petition (Civil) 2143/2023, directed the Directorate General of Performance Management and others to issue a Customs Brokers License to Mr. Keshav Kumar Thakur, the petitioner. The court, led by Hon'ble Mr. Justice Subramonium Prasad, emphasized the "principle of equal treatment" and extended the benefits of a previous judgment to Mr. Thakur without requiring him to approach the court again.

The case revolved around the Customs Brokers Licensing Regulations – 2013 and the criteria for qualifying the written and oral examinations. Mr. Thakur had cleared the written examination with an impressive score of 61.5 marks but initially failed to pass the oral examination. However, he succeeded in his second attempt, securing 51 marks.

The pivotal contention in the case arose when the respondents refused to grant Customs Brokers Licenses to candidates scoring less than 60 marks in the oral examination, alleging a mid-way change in rules. Several other candidates, facing a similar predicament, had previously approached the court through writ petitions (W.P.(C) 12777/2019, W.P.(C) 12865/2019 & W.P.(C) 13132/2019). The court had already allowed these petitions, directing the respondents to issue licenses to the petitioners therein based on the "principle of equal treatment."

"When a citizen aggrieved by the action of a government department has approached the Court and obtained a declaration of law in his favour, others, in like circumstances, should be able to rely on the sense of responsibility of the department concerned and to expect that they will be given the benefit of this declaration without the need to take their grievances to court... Applying this principle to the present case, it was the duty of the Respondents to extend the benefit of the Order dated 18.02.2022 to the Petitioner herein without expecting that every candidate who has secured more than 50 marks in the oral examination must run to this Court to obtain a declaration in their favour."

In light of this principle, the court allowed Mr. Thakur's writ petition and directed the respondents to issue him the Customs Brokers License, taking into account the previous court order that had attained finality.

Date of Decision: 24th July, 2023

Keshav Kumar Thakur vs Directorate General Of Performance Management & Ors