Facts
The petitioners appeared in the Customs Brokers Licensing Examination held on 18 March 2025 under Regulation 6 of the Customs Brokers Licensing Regulations, 2018. They challenged the paper on the grounds that it departed from the pattern followed in earlier years by including a larger proportion of questions from Allied Acts, and that certain questions were allegedly ambiguous, erroneous, difficult, or beyond the syllabus. They sought directions to issue them customs broker licences or, alternatively, to relax the six-attempt limit.
Source reference: paras. 1–4, 8, 14–19; pp. 1–3, 6–8The respondents maintained that the examination was within the prescribed syllabus and that its questions and answers had been vetted by an expert committee.
Source reference: paras. 5–6, 20; pp. 2, 8Issues
1. Whether the increased proportion of questions from Allied Acts, compared with the pattern of previous examinations, rendered the 2025 examination unlawful or defective
Source reference: paras. 8–13; pp. 3–52. Whether the challenged questions or answer key contained patent errors or defects warranting judicial interference
Source reference: paras. 14–22; pp. 6–93. Whether the petitioners were entitled to licences or relaxation of the six-attempt limit on the basis of the alleged defects or the examination’s difficulty
Source reference: paras. 3, 24–26; pp. 1, 9–10Law Applied
Regulation 6(7) of the Customs Brokers Licensing Regulations, 2018 permits examination questions on specified subjects, including Allied Acts and other laws applicable to EXIM trade and relevant to customs clearance; it prescribes no numerical limit on questions from those subjects.
Source reference: paras. 11–12; pp. 4–5Judicial review of competitive examinations is limited: courts do not substitute their views for those of subject experts and may interfere only for mala fides, arbitrariness, or patent illegality.
Source reference: para. 7; p. 3Under Kanpur University v. Samir Gupta, an answer key is presumed correct unless the challenger demonstrates a glaring error apparent without inferential reasoning.
Source reference: para. 21; p. 8The Court also relied on Chancellor v. Bijayananda Kar and Sanchit Bansal v. Joint Admission Board for the principle that examination-setting and assessment are primarily matters for experts, and that a challenger bears a heavy burden to establish a patent defect.
Source reference: para. 22; p. 9Reasoning
The Regulations expressly included Allied Acts in the examination syllabus and set no required proportion between questions on those Acts and other subjects. The historical pattern relied on by the petitioners therefore did not bind the examining authority.
Source reference: paras. 10–13; pp. 4–5As to the individual questions, the petitioners’ objections principally concerned difficulty, drafting precision, or their interpretation; they did not establish that the answer key contained a patent error under the Samir Gupta standard.
Source reference: paras. 14–23; pp. 6–9The expert committee’s verification further weighed against intervention, and neither the paper’s difficulty nor the lower success rate established that the examination was defective.
Source reference: paras. 14–23; pp. 6–9The alleged defects consequently provided no basis for licences or relaxation of the attempt limit.
Source reference: para. 24; p. 9Holding
The Court held that no ground for relief under Article 226 was made out.
It dismissed the petition and disposed of the pending application.
Source reference: paras. 25–26; p. 10Acts & Sections Cited
3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Customs Act,19622
Integrated Goods and Services Tax Act, 20171
Original Court PDF
Rajiv Kumar Rishi & Ors.vsCentral Board Of Indirect Taxes And Customscentral Board Of Indirect Taxes And Customs & Ors.
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