2009 Supreme(Mad) 4905
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. MANIKUMAR
Maritime Institutes Association, rep. by its Secretary & Another
Versus
The Secretary, Ministry of Shipping, Road Transport and Highways (Department of Shipping), Government of India & Others
Writ Petition Nos.10912, 10913, 13687 and 13688 of 2009 & M.P.Nos.2,3,2,3,4,2, and 3 of 2009
Decided on : 17-11-2009
Act Referred
INDIAN MARITIME UNIVERSITY ACT : S.19(4), S.19(5)
MERCHANT SHIPPING ACT : S.79(2)
For the Petitioners: R. Krishnamoorthy, SC, R. Thyagarajan, SC, for Mr. M.S.
Ramesh, Advocate. For the Respondent:S. Venkateswaran, SC assisted by Haja Mohideen Gisthi, A. Muralidharan, Advocates.
All the Writ Petitions relate to the power of the Director General of Shipping, Mumbai, in granting approval of courses, recognition and affiliation of the institutes offering maritime studies, regulating the intake capacity of students to Maritime Institutions, pre-sea and post-sea training, determination of the eligibility criteria, etc., vis-a-vis the power of the Indian Maritime University, Chennai. As pleadings and submissions are common, they are being disposed of by a common order.
2. According to the petitioner in W.P.Nos.10912 and 10913 of 2009, it is an Association of Maritime Training Institutes registered under Tamil Nadu Act 27 of 1975 and has about 16 members, who are all Educational Institutions conducting approved courses pertaining to Pre-Sea Training. The petitioner in W.P.Nos.13687 and 13688 of 2009 is an Academy. According to the petitioners, Prior to 2008, there was no Act or rules to facilitate, regulate or promote Maritime studies in the Country. However, courses such as, B.E. Marine Engineering, B.Sc. (Nautical Science) and Diploma in Nautical Science, leading to B.Sc., Degree in Nautical Science, were offered by the institutions affiliated to the respective Universities. After the enactment of the Indian Maritime Universities Act, 2008 (in short "the IMU Act"), the powers of approval, affiliation, etc., which were hitherto exercised by the Director General of Shipping, Mumbai (in short DGS) in association with the approved Universities, have been transferred to Indian Maritime University (in short "IMU"), established through an Act of Parliament on 111. 2008, with an object to establish and incorporate a teaching and affiliating University at the National Level, to facilitate and promote maritime studies and research. According to the petitioners, Section 5 of the IMU Act, authorises the University with various powers including the following:
a) to provide for instruction;
b) to establish and maintain campuses, colleges and institutions;
c) to grant honorary degrees and grant diplomas for Certificates (other than Certificate of Competency of Sea-farers, which shall be continue to be issued by the Director General of Shipping);
d) to inspect recognised maritime Institutions through suitable machinery established for the purpose and to take measures to ensure that proper standards of instructions, teaching and training are maintained by them;
e) to control and regulate admission of students for various courses of study in Departments, recognized institutions, schools and centers of studies;
f) to assess needs of the students in terms of subjects, fields of specialization and levels of education;
3. The petitioners have further contended that Section 19(4) and 19(5) of the IMU Act provides for formation of "the Academic Council" and "the Board of Affiliation and Recognition". While the "Academic Council" under Section 22 of the Act, has the powers of control and supervision and be responsible for the maintenance of standards of instruction, education and examination within the University and shall exercise and perform such other powers and duties as may be conferred or imposed upon it, under Section 22, the "Board of Affiliation and Recognition" shall be responsible for admitting colleges and Institutions to the privileges of the Indian Maritime University under Section
23.
.4. The petitioners have further submitted that since the IMU Act, 2008 is a self contained Act with powers to regulate, supervise and approve Maritime Educational Institutions and its various pre-sea courses, for which, the members of the Petitioners-Association/Institutions had applied for Affiliation and approval of various pre-sea courses as well as for additional intake capacity of students. According to the petitioners, pursuant to the applications submitted by various institutions, the Academic Council/Inspection Committee of the University has conducted inspections of these Institutes and submitted their recommend