JUDGMENT

AHMADI, J.:—This batch of cases raises questions relating to interpretation of Regulations 8 & 9 of the Customs House Agents Licensing Regulations, 1984 (hereinafter called the Regulations) made by the Central Board of Excise & Customs under sub-section (2) of section 146 of the Customs Act, 1962. In the Writ Petitions filed under Article 32 of the Constitution, the petitioners have questioned the constitutional validity of the aforesaid Regulations which enjoin the securing of at least 50 marks out of 100 for the oral test on the ground that it gives arbitrary powers to the authorities to pick and choose the candidates. This contention is based on this Courts decision in Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 2 SCR 79. Before we state the factual background it may be advantageous to read the relevant Regulations.

2. Regulation 2 defines the various expressions used in the Regulations. The expression "Customs House Agent" means a person licensed under the Regulations to act as agent for the transaction of any business relating to the entry or departure of conveyance or the import or export of goods at any customs station. Regulation 4 provides for inviting applicatio