Maritime Education and Training Institutes Association, Represented by its Secretary, Chennai vs Director General of Shipping, The Directorate General of Shipping, Mumbai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Mad) 2560

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Jayachandran, J.
The Maritime Education and Training Institutes Association, Represented by its Secretary, Chennai - Petitioner
Versus
The Director General of Shipping, The Directorate General of Shipping, Mumbai - Respondent
Writ Petition Nos. 40370, 40371, 42306, 42307 of 2016, 1415, 2892, 20830, 20831, 32885, 34869 of 2018,1278, 1639 & 1651 of 2019 & W.M.P. Nos. 34441, 34443, 36211, 36213 of 2016, 1800, 1801, 3566, 24447, 24448, 24449. 24450 to 24452, 38102, 38103, 38105, 40420, 40421, 40423 of 2018, 1432, 1434, 1436, 1819 & 1848 of 2019
Decided On : 09-09-2019

Advocates Appeared:
For the Petitioner:Abishek Jenasenan, Advocate.
For the Respondents: G. Rajagopalan, Additional Solicitor General Assisted by R. Ramalingam, Central Government.

Headnote:
Merchant Shipping Act, 1958 - Section 78 - Constitution of India,1950 - Article 226 - Admission - Writ of Certiorari - Writ petitions are filed either by individual or by the Institutions imparting maritime training or Association of such Institutions. These writ petitions are primarily against orders passed by the Director General of Shipping (hereinafter referred to “the DGS”) or Circulars issued pursuant to those orders. The prime contention of the Petitioners herein is that power of DGS is very limited in respect of Institutions imparting training in maritime courses - Whereas DGS without jurisdiction, time and again issuing orders and circulars touching upon the admission of the candidates by the Institutions for short term or long term courses offered by them – Held, As far as the reliefs sought in this batch of writ petitions except condition regarding on board training and placement, this Court finds no other provisions are contrary to rules and code - Therefore clauses which impose on board training compulsorily tie up with shipping companies and placement as pre-condition for admitting candidates in basic training programme alone struck down - It is advised that DGS shall come out with a composite order based on International Convention on Standards of Training Certification and Watch Keeping for Seafarers (STCW), 1978 Merchant Shipping (STCW) Rules 2014 and Merchant Shipping (Continuous Discharge Certificate – cum Seafarers Identity Document) Rules 2017 so that maritime institutes offering training programmes will also be properly guided to conduct their institutes in consonance with Act and Rules issued in exercise of the power under the statute referred - Such an endevour shall be completed within a period of four months from today - Miscellaneous petitions are closed

ORDER :

Prayer: This writ petition is filed under Article 226 of the Constitution of India for a writ of Certiorari calling for the records of the respondent in DGS Order No.4 of 2016 issued by the respondent in File No.TR/CIR/6(6)/2012 of the Training Branch dated 12.09.2016 and quash the same.

1. This batch of writ petitions are filed either by the individual or by the Institutions imparting maritime training or Association of such Institutions. These writ petitions are primarily against the orders passed by the Director General of Shipping (hereinafter referred to “the DGS”) or Circulars issued pursuant to those orders. The prime contention of the Petitioners herein is that, the power of DGS is very limited in respect of Institutions imparting training in maritime courses. Whereas, the DGS without jurisdiction, time and again issuing orders and circulars, touching upon the admission of the candidates by the Institutions for short term or long term courses offered by them. The writ petitions and its respective prayers are extracted below:-

Sl. No	W.P.No.	Prayer
1	40370 and 40371 of 2016	Writ of Certiorari calling for the records of the respondent in DGS Order No.4 of 2016 issued by the respondent in File No.TR/CIR/6(6)/2012 of the Training Branch dated 12.09.2016, quash the same.
2	42306 & 42307 of 2016	Writ of Certiorari calling for the records of the respondent dated 17.11.2016 in Training Circular No.8 of 2016 in F.No.TR/POL/8(3)/2013 and dated 17.11.2016 in DGS order No.7 of 2016 quash clause 16 in Annexure 1 of the former and clause 1.12 of the latter relating to the placement of trainees for shipboard training.
3	32885, 34869 of 2018, 1278 of 2019	Writ of Certiorari calling for the entire records of the second respondent with respect to its impugned training Circular No.30 of 2018 in F.No.TR/POL/8(7)/2018 dated 24.10.2018 and quash the same, in so far as the members of the petitioner Association is concerned.
4	1415 of 2018	Writ of Certiorarified Mandamus calling for the records of the second respondent in the Training, Examination and Assessment Programme (TEAP) Part-A insofar as it prescribes Entry criteria (educational qualification) for admission to B.Sc Nautical Science Course and Diploma in Nautical Science (leading to B.Sc Nautical Science Degree) in Flow Diagram No.II/1-1(A) and the order dated 26.09.2017 in reference NT/EXAM.CIRCULAR NO.2 of 2017, quash the same.
5	2892 of 2018	Writ of Certiorari calling for the records of the second respondent dated 22.01.2018 in Training Circular No.1 of 2018 in F.No.TR/Cir/8(3)/2013 quash clause 16 of the same relating to the placement of trainees for shipboard training.
6	20830 and 20831 of 2018	Writ of Certiorarified Mandamus calling for the records of the respondent in order dated 27.07.2018 in reference no.3-TR(48)/99-Main IV, quash the same and consequently direct the respondent to consider the application dated 06.04.2018 submitted by the petitioner and grant approval to the petitioner to begin the new course called pre-sea 1 year training for graduate engineers with an intake of 80 seats.
7	1651 of 2019	Writ of Declaration to declare that in respect of Maritime Rating Courses, the role of the second respondent is limited and circumscribed with regard to the duration, syllabus, examination and certification specified by the first respondent through notifications and the Rules framed from time to time and consequentially hold the exercise of the second respondent prescribing eligibility criteria for admission, insisting sponsorship and placement, awarding of marks beyond 50% in the passing out examination, appointing third parties for inspection, insisting for grading of th

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