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2025 Supreme(Online)(Mad) 72460
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Jegan Arputham Fernando – Appellant
Versus
Union Of India – Respondent
W.P.No.36121 of 2023|W.P.No.9887 of 2025
For the Appellants/Petitioners: S.Anil Sandeep, N.Vijaya Basker
For the Respondents: ARL.Sundaresan, V.Sudha, K.Srinivasa Murthy
The High Court cannot issue a writ of mandamus compelling the executive or legislative authorities to frame or implement specific rules or policy changes, especially when the requested administrative notice has been superseded by current statutory rules aligned with international conventions.
Headnote:(A) Merchant Shipping Act, 1958 - STCW Rules, 2014 - Training Examination and Assessment Programme (TEAP) Manual - Conversion of competency certificates - Petitioners sought implementation of M.S. Notice No.1 of 2006 to bridge Master (NCV) to Master (FG) certification - Court held that M.S. Notice No.1 of 2006 has been superseded by STCW Rules, 2014 - No provision in current statutory framework for such conversion - Courts cannot direct rule-making authorities to enact specific policies.
Facts of the case:
The petitioners, serving as Masters (NCV), sought a direction to allow them to cross over to Master (FG) positions via a bridging course, citing a perceived vacuum in the STCW Rules, 2014, and relying on a previous notification, M.S. Notice No.1 of 2006.
Findings of Court:
The Court found that M.S. Notice No.1 of 2006 is no longer valid, having been superseded by the 2014 Rules, which align with international maritime conventions. The Court affirmed that judicial intervention cannot compel the executive to frame or amend rules.
Issues: Whether the Court can mandate the implementation of a superseded administrative notice to create a bridging course for maritime competency certification.
Ratio Decidendi: The judiciary cannot usurp executive functions or compel the legislature to enact rules in a specific manner; where a statute or rule is silent on a policy matter, it does not constitute a legal vacuum but a policy consistency with international standards.
Result: Writ Petitions dismissed.
| Table of Content |
|---|
| 1. factual background regarding maritime officer career paths and sought conversion routes. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioners' arguments regarding legitimate expectations and perceived regulatory silence. (Para 7 , 8) |
| 3. judicial limits on compelling policy enactment and supercession of administrative notices. (Para 9 , 10 , 11 , 12 , 13) |
| 4. final order dismissing the writ petitions due to lack of merit. (Para 14) |
Prayer in W.P.No.36121 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to impugned communication letter of the third respondent in his letter in F.No.25/12/2023-NT-DGS (Comp.No.23689) dated 12.09.2023, and quash the same and consequently direct the respondents to conduct existing course of conversion of assessment and examination for issuance of Certificate of Competency/COC of Master (FG)(unlimited) for the candidates of Master NCV (home trade ship), enabling the petitioner to go world-wide on ships without any restrictions.
Prayer in W.P.No.9887 of 2025: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to implement the M.S. (Merchant Shipping) Rules 2014, (Standards of Training, Certification, Watch keeping recognising for Sea Farers (STCW) Rules 2014 and the Training, Examination & Assessment Programme (TEAP) Manual, notified on 30.07.2014 and brought into force on 01.01.2015 together with the Notice in M.S.No.1 of 2006 with immediate effect and direct the respondents to make provisions to recognize and issue certificates to the petitioners as “Master (FG)”, on the completion of the conversion course prescribed in the Notice in M.S.No.1 of 2006 & Training Programme on the subject of Navigation.
COMMON ORDER
W.P.No.36121 of 2023 has been filed challenging the order passed by the third respondent dated 12.09.2023, thereby rejecting the request made by the petitioner for conducting the conversion course towards assessment and examination for issuance of Master-Foreign-Going Ship (FG) unlimited Certificate of Competency by way of a bridging course.
2.W.P.No.9887 of 2025 has been filed seeking a direction to the respondents to implement the Merchant Shipping Rules 2014, Standards of Training Certification Watchkeeping recognizing for Sea Farers Rules, 2014 and the Training Examination and Assessment Programme Manual, notified on 30.07.2014 and brought into force on 01.01.2015 together with the Notice in M.S.No.1 of 2006 and to make provisions to recognise and issue certificates to the petitioners as “Master (FG)”, on the completion of the conversion course.
3.Heard the learned counsel appearing on either side and perused the materials available on record. Both the prayers are similar in nature and as such, this Court passes a common order.
4.The petitioners are seafarers serving at sea in various capacities and positions. They are designated as Masters (Near Coastal Voyage) (hereinafter referred to as “ Master (NCV)”). In order to reach the position of Master (NCV), they are required to undergo various courses and training programmes. A Seaman is the initial or basic post in a seafarer's career. The basic qualification is 10th Standard (Matriculation). Thereafter two pathways are available : one by studying the subjects of Physics, Chemistry and Maths (hereinafter referred to as “PCM”) up to the 12th Standard or by completing the 12th Standard without PCM subjects. After completion of the higher secondary education, a candidate must enroll for seaman training by undergoing the continuous discharge certificate course for a period of ten months at a recognized institution. Thereafter, a mandatory sea-service experience of 18 months is required, subsequent to which, the candidate can apply for assessment before the Mercantile Marine Department under the second respondent. On successful assessment,
