Ratios:
a. There cannot be an estoppel against Statute.
b. Mere acquisition of eligibility to apply for acquiring any status does not create vested right on such persons to claim such status.

N. PAUL VASANTHAKUMAR, J.

The above writ appeals are directed against the common order passed in W.P.Nos.336 and 341 of 2009, dismissing the writ petitions filed by the appellants herein.

2. In W.P.Nos.10330, 12250 and 13366 of 2009, the petitioners seek to quash the public notice No.140/2008 dated 312. 2008 and to direct the first respondent therein to accept the candidature of the petitioners for the grant of licence under Regulation 9(1) of the CHARL, 2004 so as to act as Customs House Agent.

3. Since the issues involved in the writ petitions as well as in the writ appeals are identical, both the writ petitions and writ appeals are heard together and this Common Judgment is passed.

4. (i) The case of the appellants and the writ petitioners is that they are engaged in the work of clearance of goods through Customs for the past several years and they are claiming that they have all passed the examination prescribed as per Regulation No.9 of the Customs House Agent Licensing Regulations (CHALR), 1984, which was framed under section 146(2) of the Customs Act, 1962. According to the appellants/petitioners, regular licences are to be issued only to those persons, who are qualified as per the examinations referred to in Regulation 9 of 1984.

(ii) The Central Board of Excise and customs made a new regulation called Customs House Agent Licensing Regulations, 2004 pursuant to the recommendations of the High Power Committee to simplify the processes and procedures for the grant of CHA licences. Under Regulation 9 of 2004, a candidate applying for licence must pass the examination in terms of Regulation 8 thereof for getting licence and the 1984 procedures for the grant of licence viz., first granting a temporary licence before passing the qualifying examinations, and then granting a regular licence after passing qualifying examinations within a year, has been done away with. A clarificatory circular was issued on 6. 2004 and the Board also issued instructions on 310. 2007. In Public Notice No.140 of 2008 dated 312. 2008, the second respondent invited applications for the grant of licence only from the persons qualified under Regulation 8 and as per the said notification, the persons qualified under Regulation 9 of 1984 were rendered ineligible.

(iii) According to the appellants/petitioners, between the years 1998 and 2004, the second respondent did not invite new applications and therefore they could not apply for issuance of licence, even though they have passed the examinations under Regulation No.9 of 1984. According to the appellants/petitioners the syllabus or subject for the examinations provided under Regulation 9(3) of 1984 and Regulation No.8(6) of 2004 are almost same. The new subjects added are Online filing of Electronic Shipping Bills or Bills of Entry and Indian Customs and Central Excise Electronic Commerce/Electronic Date Interchange Gateway (ICEGATE) and Indian Customs Electronic Date Interchange Systems (ICES) and the provisions of Prevention of Corruption Act, 1988. According to the appellants/petitioners, the preamble of Regulations, 2004, gives protection to the appellants/petitioners since it provides that actions which had been taken or omitted to be taken are saved. However, the second respondent is not giving effect to this beneficial provision and therefore the appellants are affected. It is submitted that the appellants are entitled to be treated on par with other persons, who had passed the examinations conducted under Regulation 8 of the Regulations, 2004, while granting licence pursuance to the issuance of Public Notice No.140 of 2008, dated 312. 2008. By making the above averments the appellants/petitioners filed the writ petitions.

5. The third respondent in the writ appeals filed counter affidavit before the learned single Judge by contending that mere passing the examination conducted under Old Regulation No.9, without obtaining a permanent licence under the said regulation will not confer