The pre-entry medical examination of seamen and the endorsement of "permanent unfitness" on their certificates, without proper legal authority and safeguards, violated the fundamental right to carry on an occupation freely and the principles of natural justice.

( 1 ) THIS is an application under Article 226 of the Constitution of India for a writ in the nature of mandamus requiring the respondents to cancel the endorsement on the Certificates of Seamen regarding their unfitness for services in foreign vessels and to refrain from holding pre-entry medical examinations of Seamen or making endorsements on their certificates as a result thereof and also for a writ in the nature of quo warranto requiring the respondents to exhibit the authority under which they are entitled to hold the office for assumption and to pass the orders and do the acts complained of. Sinha J. issued a Rule Nisi on 22nd August 1950.

( 2 ) THE petitioner No. 1 is the Indian Quartermasters' Union consisting of Quartermasters popularly known as seacunnies and the petitioners Nos. 2, 3 and 4 are Seamen. All the petitioners hold certificates of service issued and registered at the Port of Calcutta under the provisions of the Indian Merchant Shipping Act (Act XXI [21] of 1923 ). Respondent 1 P. R. Dutt is described as Medical Officer Pre-entry Medical Examination of Seamen (Government of India) Port of Calcutta and respondent 2 E. V. Bobb is the Shipping Master having his office at Calcutta Marine House, Hastings, Calcutta.

( 3 ) IT is alleged in the petition that under provisions of the Indian Merchant Shipping Act, the Shipping Master of the Port of Calcutta has certain prescribed duties and functions to perform, in respect, of the employment of seamen in foreign going vessels. One of such duties is to supervise execution of proper agreements between the Masters of Ships and Seamen Employed by such Masters. Neither the Shipping Master nor any other official has any right or authority under the law to examine or certify the competence of a seaman for service.

( 4 ) IT is the Shipping Company requiring the crew and the Master of the Ship concerned who select the requisite number of seamen with some spare hands to replace any one or more seamen selected if he or they are found medically unfit for the voyage concerned. After the selection is made the seamen are put to medical examination by the Shipping Company's Medical Officer and those who pass the medical test are required to sign Articles of Agreement in the presence of the Shipping Master and thereby become member of the crew. This system of recruitment was in vogue till March 1950 when respondent 1 who holds the post of Port Health Officer, Calcutta, purporting to designate himself as Officer, Pre-Entry Medical Examination of Seamen, Government of India, Port of Calcutta, started interfering with the engagements of Indian Seamen by assuming authority and functions of holding medical examination of such seamen and making endorsements of fitness or unfitness on their Certificates of Service, in consultation and cooperation with respondent 2. Respondent 2 has been compelling the seamen to submit to the Medical Examination done by respondent 1 and the respondents have been making or causing to be made rubber stamp endorsements to the effect "permanently unfit for sea service" on the Certificates of Service of certain seamen and also upon Medical Examination Cards issued to such seamen by respondent 1. In fact such endorsements have also been made on the Cards and Certificates of Service issued to petitioners 2, 3 and 4 and those among the seamen who expressed their unwillingness to submit to the medical examination or protested against the highhanded attitude of the respondents suffered harassment and oppression at the hands of the respondents.

( 5 ) IT is alleged that the acts of the respondents constitute a serious encroachment upon the rights of the seamen including the petitioners to carry on their occupation freely and without interference, as by reason of such endorsements of "permanently unfit for sea service" the seamen concerned have lost all prospects of employment as seamen in future. It is alleged that the acts of the respondents have no sanc