Kerala High Court
Asma Rubber Products Pvt. Ltd vs Union Of India on 8 October, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:73967
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF OCTOBER 2025 / 16TH ASWINA, 1947
WP(C) NO. 29461 OF 2025
PETITIONER:
ASMA RUBBER PRODUCTS PVT. LTD.
PLOT NUMBER 39/B, COCHIN SPECIAL ECONOMIC ZONE,
COCHIN KERALA, INDIA, REPRESENTED BY
ITS MANAGING DIRECTOR C.Y. ABDUL RAHIM,
PIN - 682037.
BY ADVS.
SMT.LIZA MEGHAN CYRIAC
SRI.JOLLY JOHN
SMT.C.S.RESHMI
SHRI.RUBIN SHIBU
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY,
REPRESENTED BY ITS SECRETARY,
NEW DELHI, PIN - 110011.
2 BUREAU OF INDIAN STANDARDS
MANAK BHAWAN, 9, BAHADUR SHAH ZAFAR MARG,
NEW DELHI, REPRESENTED BY ITS DIRECTOR GENERAL,
PIN - 110002.
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W.P.(C) No.29461/2025
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3 BUREAU OF INDIAN STANDARDS
SOUTHERN REGIONAL OFFICE, CIT CAMPUS,
IV CROSS ROAD, TARAMANI, CHENNAI,
REPRESENTED BY DEPUTY DIRECTOR GENERAL (SOUTH),
PIN - 600113.
4 BUREAU OF INDIAN STANDARDS
CWC REGIONAL OFFICE COMPLEX, II FLOOR,
MAVELI ROAD, GANDHI NAGAR, KADAVANTHRA (P.O),
KOCHI, KERALA, INDIA, REPRESENTED BY
THE REGIONAL SCIENTIST, PIN - 682020.
BY ADVS.
SRI.R.PREM SANKAR
SRI.MANOJ RAMASWAMY, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.08.2025, THE COURT ON 08.10.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.29461/2025
:3:
N. NAGARESH, J.
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W.P.(C) No.29461 of 2025
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Dated this the 8th day of October, 2025
JUDGMENT
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The petitioner is an incorporated company
operating in the Cochin Special Economic Zone since 1998.
The petitioner manufactures and exports latex, surgical gloves
and examination gloves with an installed capacity of over 60
million pieces per year. The petitioner states that all supplies
to Government tenders have consistently passed mandatory
tests as per IS 13422 standards.
2. The petitioner applied for renewal of BIS
mark from 2018 to 2023 as per Ext.P2. The petitioner was
given Ext.P3 endorsement dated 17.02.2024 renewing the
licence for the manufacture of sterile disposable surgical
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rubber gloves under IS 13422 : 1992, valid up to 28.02.2025.
Thereafter, the petitioner applied for renewal of its BIS licence
for the period 2025-2026. The petitioner was issued with
Ext.P5 notice titled "Notice for cancellation of BIS product
certification licence No.CM/L-6792190", alleging discrepancies
in the operation of the licence. The notice claimed that non
confirming goods bearing the standard marks were introduced
repeatedly, exceeding 50% of production in the last two years.
The notice proposed cancellation of licence under Section 13
of the Bureau of Indian Standards Act, 2016 read with
Regulation 11(1)(a) and (b) of the 2018 Regulations. The
petitioner submitted Ext.P6 explanation with documents to
demonstrate compliance with IS 13422 : 1992. The petitioner
was granted a personal hearing. However, the petitioner's
licence was cancelled.
3. The petitioner filed Ext.P9 appeal. The
appeal was rejected as per Ext.P15 order upholding the
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cancellation of the petitioner's BIS licence. The petitioner
states that the 2nd respondent-appellate authority failed to
consider the contentions raised by the petitioner. The
petitioner states that Clause 19(iii)(a) of Scheme I Schedule II
of the 2018 Regulations have been applied retrospectively.
Ext.P15 order is based on a flawed "review of performance"
report. The cancellation is disproportionate and violates the
petitioner's fundamental right to carry on business.
4. Respondents 2 to 4 resisted the writ petition.
The petitioner has failed to maintain conformity of surgical
rubber gloves as per IS 13422 : 1992. Three out of the five
surveillance samples drawn in the last two years were found
failing in the critical requirement of IS 13422 and hence the
cancellation notice was issued to the petitioner.
5. Respondents 2 to 4 submitted that as per
paragraph 7 of Schedule II of Bureau of Indian Standards
(Conformity Assessment) Regulations 2018, the conditions of
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licence shall be as provided in Regulation 6 of the
Regulations. As per paragraph 14 of Regulation 6, the Bureau
shall have the right to amend any of the conditions of licence
by giving a notice of 30 days to the licensee. The CMD-I
Circular on Guidelines for dealing with non conformity of
products observed during operation of licence under Scheme I
of Schedule II of BIS (Conformity Assessment) Regulations
2018 based on which the cancellation notice was issued, was
circulated to all concerned through the BIS website. However,
no inputs/comments were received from the petitioner within
30 days of issuance and hence the petitioner's argument
cannot be accepted.
6. Respondents 2 to 4 further submitted that the
petitioner failed to comply with the requirements as per
standard for continuance of licence. The samples of the
product of the petitioner failed multiple times. Furthermore,
the petitioner has an alternate remedy, urged respondents
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2 to 4.
7. I have heard the learned counsel for the
petitioner, the learned Central Government Counsel
representing the 1st respondent and the learned Standing
Counsel appearing for respondents 2 to 4.
8. The petitioner was issued with BIS licence
(CM/L-6792190) since 14.02.2008 for sterile disposable
surgical rubber gloves under IS 13422 : 1992. The petitioner
is functioning in a special economic zone with an installed
capacity of over 60 million pieces per year. According to the
petitioner, they have supplied over 15 crore pairs of sterile
surgical gloves to various State Governments and institutions
like Tata Memorial Hospital. All the supplies made by the
petitioner consistently passed tests as per IS 13422.
9. The petitioner applied for renewal of BIS
licence. As per Ext.P3 endorsement, the licence was renewed
for the period upto 28.02.2025. Thereafter, the petitioner
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applied for further renewal of BIS licence for the period 2025-
2026. To the surprise of the petitioner, the petitioner was
served with Ext.P5 notice dated 24.02.2025 which is a notice
for cancellation of BIS product certification licence. Serious
discrepancies were alleged in the notice. The notice stated
that the goods of the petitioner do not confirm the standard
mark. The licence of the petitioner was cancelled. Though
the petitioner filed statutory appeals, no decision has been
taken.
10. The petitioner approached this Court filing
W.P.(C) No.22172/2025 challenging cancellation of their
licence. In the said writ petition, the petitioner had alleged that
the respondents have imposed revised standards
retrospectively in order to cancel the licence of the petitioner.
The writ petition was disposed of by this Court as per Ext.P13
judgment directing the 2nd respondent to consider the appeal
and stay petition. The appeal, however, was rejected as per
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Ext.P15 order. The specific case of the petitioner is that
Clause 19(iii)(a) of Scheme I Schedule II of the Bureau of
Indian Standards (Conformity Assessment) Regulations was
amended by Guidelines dated 13.12.2024.
11. The amended Clause 19(iii) provided that in
case there is evidence that non conforming goods with
standard mark are being produced repeatedly, the
proceedings for cancellation of licence may be initiated with
suspension of licence if more than half of test reports of
surveillance samples (with at least four surveillance samples
drawn and test reports received) found non conforming in
critical requirements in independent testing during the last two
years. It is evident from the amended Clause 19(iii) that by
the amendment, the respondents are at liberty to take into
consideration past test reports of surveillance samples during
the last two years for the purpose of cancellation of licence.
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12. The amendment apparently came into force
on 13.12.2024. Therefore, ordinarily it can have only
prospective effect and surveillance samples drawn from
13.12.2024 alone could have been taken into consideration for
cancellation of an existing licence.
13. It is true that the Bureau has the right to
amend any of the conditions of licence by giving a notice of 30
days to the licenseee. When the Regulations provide for
notice before amending a condition included in licence issued
to a manufacturer, the notice contemplated should be a
personal notice to the manufacturer. In this case, the
contention of the respondents is that such notice was issued
to all concerned through the BIS website. A notice as
contemplated as per paragraph 14 of Regulation 6 -
conditions of licence to use or apply a standard mark should
be a personal notice to the manufacturer indicating the
intention to change any condition included in the licence.
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Such variation of conditions cannot be imposed by publishing
notice in website.
14. For all the afore reasons, I find that Exts.P5
and P15 are illegal and unsustainable. Exts.P5 and P15 are
therefore set aside. Respondents 2 and 3 are directed to
restore the petitioner's BIS licence (CM/L-6792190) with
immediate effect and update the status of the licence in the
BIS portal to reflect its validity for 2025-2026. It is, however,
made clear that respondents 2 to 4 will be at liberty to enforce
Clause 19(iii)(a) of Scheme-I, Schedule-II of the Bureau of
Indian Standards (Conformity Assessment) Regulations, 2018,
as amended by Guidelines dated 13.12.2024 prospectively.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/04.10.2025
2025:KER:73967
APPENDIX OF WP(C) 29461/2025
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE BIS LICENCE NO:
(CM/L-6792190) ISSUED ON 14.02.2008 BY
THE 2ND RESPONDENT
Exhibit P-2 PETITIONER APPLIED FOR RENEWAL FROM
TIME TO TIME, AND THE ENDORSEMENT OF
RENEWAL FROM 2018 UNTIL 2023
Exhibit P-3 TRUE COPY OF THE CERTIFICATE OF
ENDORSEMENT OF RENEWAL, BEARING NUMBER
CM/L-6792190, DATED 17TH FEBRUARY 2024
Exhibit P-4 TRUE COPY OF THE TAX INVOICE DATED
27TH FEBRUARY 2025 ISSUED BY THE 4TH
RESPONDENT
Exhibit P-5 PETITIONER WAS GRANTED 21 DAYS TO
SUBMIT AN EXPLANATION. THE TRUE COPY
OF THE NOTICE DATED 24TH FEBRUARY 2025
Exhibit P-6 TRUE COPY OF THE REPLY DATED 4TH MARCH
Exhibit P-7 TRUE COPY OF THE COMMUNICATION DATED
6TH MARCH 2025
Exhibit P-8 TRUE COPY OF THE MINUTES OF THE
HEARING CONDUCTED ON 9.04.2025 DURING
THE PERSONAL HEARING BY THE 3RD
RESPONDENT AT THE SOUTHERN REGIONAL
OFFICE, CHENNAI
Exhibit P-9 TRUE COPY OF THE APPEAL FILED BEFORE
THE 2ND RESPONDENT DATED 24.04.2025
Exhibit P-10 TRUE COPY OF THE EMAIL DATED 3RD JUNE
Exhibit P-11 TRUE COPY OF THE COMMUNICATION,
BEARING REFERENCE NUMBER KOBO/CML-
6401540
Exhibit P-12 TRUE COPY OF THE WRIT PETITION
NUMBERED AS W.P. (C) NO. 22172/2025
FILED BY THE PETITIONER
Exhibit P-13 THE JUDGMENT PRONOUNCED ON 23RD JUNE
2025 IN W.P. (C) NO. 22172/2025
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Exhibit P-14 TRUE COPY OF THE LETTER RECEIVED BY
THE PETITIONER FROM ITS SUPPLY
RECIPIENT 10.07.2025
Exhibit P-15 TRUE COPY OF THE ORDER ISSUED BY THE
2ND RESPONDENT DATED 25TH JUNE 2025
UPHOLDING THE CANCELLATION OF THE
PETITIONER'S BIS LICENSE
