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Conclusion

35. In the considered view of this Court, the Regulations of Membership made by the AEPC to the extent they are inconsistent with the Exim Policy are unconstitutional and ultra vires para 13.8 read with para 13.7 of the Exim Policy (effective from 1st April 1997 to 31st March 2002). They are accordingly, struck down as such. Any further amendments made to the AOA of the AEPC to bring about the classification of exporters into „member exporters‟ and „registered exporters‟, granting them different rights and privileges, will stand invalidated for the above reasons.