Maritime Institutes Association, rep. by its Secretary, C. v. Jothikumar VS Indian Maritime University, rep. by its Vice Chancellor, Chennai
2011-06-23
M.Y.EQBAL, T.S.SIVAGNANAM
body2011
DigiLaw.ai
Judgment : Per M.Y. EQBAL, C.J. & T.S. SIVAGNANAM, J. 1. By way of this Public Interest writ petition, the petitioner claiming to be an Association of Maritime Institutes called the Maritime Institutes Association, said to be registered under the provisions of the Tamil Nadu, 1975, Has sought for issuance of a writ of certiorarified mandamus to quash the notification issued by the first respondent University, a Central University, publishing the Admission and Application details for the year 2010, for admission to the three year B.Sc. (Nautical) degree course and Diploma in Nautical Science (DNS) and to quash paragraph No. 5 relating to the programme duration insofar it enables sponsoring companies to interfere in the admission of students, Clause 14 relating to allotment of seats by the first respondent University without counselling is completed in the first round and to quash the counselling details shown in Annexure-I insofar it includes respondents 4 to 10 from participating in the regular counselling and to direct the first respondent University to admit the students on the basis of the merit ranking and complete the process of counseling in a fair and transparent manner by the first respondent University. 2. The sum and substance of the grievance of the petitioner is that the first respondent University in order to favour respondents 4 to 10 has given unfettered discretion to them and introduced certain clauses in the admission notification giving them wide powers and these clauses are to be set aside. In support of this contention, certain factual averments have been pleaded in the affidavits. 3. The respondents have been served and all of them including the first respondent University have filed their counter affidavit. 4. A preliminary objection has been raised by the first respondent University as regards the maintainability of the Writ Petition by contending that the writ petition has been filed to promote the private interest of the President of the petitioner Association with certain oblique motive and it is not a public interest litigation and therefore, liable to be dismissed. 5. On the merits of the claims made by the writ petitioner, the first respondent University has filed an elaborate counter. As the preliminary objection has been raised, at the first instance, we propose the examine the same and on being satisfied, the merits could be gone into at a later stage. 6.
5. On the merits of the claims made by the writ petitioner, the first respondent University has filed an elaborate counter. As the preliminary objection has been raised, at the first instance, we propose the examine the same and on being satisfied, the merits could be gone into at a later stage. 6. We have heard the learned senior counsel appearing for the petitioner and the learned counsels appearing for the respondents. 7. As noticed above, the petitioner claims to be an Association of Maritime Institutes and it has got 24 members on its roll comprising of Maritime Institutes and Maritime Professionals. This claim is seriously and strongly objected by the first respondent University. It is seen from the list of members of the petitioner Association filed in the typed set of papers there are 24 members. One Mr. J. Senthilkumar, has been shown to be the President of the Association, his wife Ms. Hemalatha, the Vice President, Mr. C.V. Jyothikumar, the Secretary and the President Mr. J. Senthilkumar has been once again shown as the Director by showing his designation as International Maritime Academy. There are three Executive Members of the Association whose designation or qualification has not been shown. The other members are petty officers in the Indian Navy, Watch Keeper in Merchant Navy, Pumpman in Merchant Navy, Master of a Vessel, Maritime fitter. It is admitted by the learned senior counsel for the petitioner that except J. Senthilkumar, no other member has a Maritime Institute. However, in the affidavit filed in support of the writ petition, a claim was made that the Association consists of Maritime Institutes. Therefore, we were lead to believe that the Association has been formed by various Maritime Institutes and they sought to canvas cause of such institutes the manner in which the admission procedure was regulated by first respondent. However, we find that the claim made by the petitioner Association is false. 8. It is rather surprising that a member in the Association is given two positions, both as the President and Director and we fail to understand as to how the Registrar of Societies accepted such list of members and approved the same for granting recognition. Thus, it is manifest that the petitioner has not only made a false submissions before this Court, but also mislead the Registering Authorities while registering their Association.
Thus, it is manifest that the petitioner has not only made a false submissions before this Court, but also mislead the Registering Authorities while registering their Association. We deprecate the manner in which the petitioner has come forward with this writ petition. 9. It is further seen that the President of the Association Mr. J. Senthil Kumar had established an Institute called International Maritime Academy at Chennai. According to the first respondent University, they were established during 2008 as a Central University and the entire Maritime Education was brought under its domain to facilitate and promote Maritime studies and Research and achieve excellence in the said area. The Government of India, Director General of Shipping, issued a Public Notice during May 2009, by virtue of which Institutions imparting DNS course such as the respondents 4 to 10 and other Institutions under IGNOU -DGS programme stands transferred to the first respondent University and the first respondent conducted common entrance test (CET), the students who cleared the-CET were called for counselling and according to their choice admissions were given to the various approved/ affiliated Institutions. In the counter affidavit, the details of the admission procedure has been set out. It is further stated that no candidate could be selected without clearing CET whether the candidate is a sponsored candidate or a non-sponsored candidate. Thus, it is manifestly clear that the allegations made by the petitioner in the writ petition are incorrect and mischievous. 10. It is further noticed that the President of the Association who is running an Institution called International Maritime Academy had conducted DNS programme for sometime and after the programme was transferred to the first respondent University during August 2009, the said Institute applied to the first respondent University for approval/affiliation. The Institute appears to have filed a writ petition before this Court for grant of affiliation and based on directions issued by the Division Bench of this Court, an inspection was conducted and the first respondent University was willing to grant approval/affiliation for 40 students in DNS Course, but the said institute wanted 160 students as their intake, which was rejected since the institute did not have the requisite infrastructural facility. This appears to have triggered the present writ petition styled as a public interest litigation in the name of Association in which Mr. J. Senthilkumar is the President as well as the Director. 11.
This appears to have triggered the present writ petition styled as a public interest litigation in the name of Association in which Mr. J. Senthilkumar is the President as well as the Director. 11. The first respondent University produced before us a Notification issued by the International Maritime Academy which is run by the President of the petitioner association. The Notification is reproduced hereunder International Maritime Academy Diploma Nautical Science (1 Year course)leads to obtain B.Sc (Nautical Science) - Approved by DG Shipping 1 year course consists of 2 semesters and exams are conducted by Manonmaniam Sundaranar University. After passing out the exams conducted by MS University. The cadets will be joining on board vessel as a Trainee cadet. They will have to obtain 18 months sea service (Two years time will take to complete the 18 months sea experience). With this 18 months sea experience, they will undergo 4 months Second Mate‘s foundation course and they are eligible to appear for 2nd mate exams. After passing second mate exams, they will be promoted as Second officer. This Diploma Nautical Science course also leads to get B.Sc degree in Nautical Science by MS University. During the first 18 months sea service, MS University is conducting the Distance learning Programme (DLP) by giving the necessary study material. With further sea service and exams they will be promoted to Chief Officer and then becoming Captain of the ship. The below career path shows, that how a candidate can become a captain of the ship and the award of B.Sc (Nautical Science) degree by MS University. Our Academy is conducting Maritime courses for the past seven years. Leading International Shipping companies are regularly conducting campus interviews at our academy for placement. Download the Academy application and send it along with Rs. 25,000/- by DD in the favour of “International Maritime Academy” payable at Chennai. For Admission Application Those who are awaiting for results can also send their filled in application form. Diploma Nautical Science. The said Academy claims in their advertisement that exams will be conducted by the Manonmaniam Sundaranar University (MS University). From a perusal of the said advertisement, we are shocked to see that candidates who want to reserve/book a seat could do so by sending their Application along with a demand draft for Rs. 25,000/-.
Diploma Nautical Science. The said Academy claims in their advertisement that exams will be conducted by the Manonmaniam Sundaranar University (MS University). From a perusal of the said advertisement, we are shocked to see that candidates who want to reserve/book a seat could do so by sending their Application along with a demand draft for Rs. 25,000/-. We fail to understand as to how a seat could be “booked” without there being a selection process in which the candidates merit has to be assessed. Thus, prima facie it appears that the procedure adopted by the “International Maritime Academy” is illegal. 12. The first respondent University further points out that the MS University cannot grant any affiliation for the DNS Course since the MS University which came into being by an Act passed by the Tamil Nadu State Government and having a jurisdiction to affiliate colleges within the Districts of Tirunelveli, Tuticorin and Kanyakumari only. Therefore, the Notification issued by the International Maritime Academy appears to be misleading wherein they have stated that the exams will be conducted by the MS University and the diploma in Nautical Science will be awarded by the MS University. Therefore, prima facie it appears that all is not well with the said International Maritime Academy. In any event, we do not wish to go further into the said aspect and it is for the competent authorities under the Indian-Maritime University Act to look into the matter and do the needful in accordance with law. 13. As mentioned in the preceding paragraphs, we deprecate the manner in which the petitioner has filed the present Writ Petition styled as the Public Interest Litigation and the petitioner has in fact abused the jurisdiction of this Court by resorting to this litigation with a view to promote the private interest of one particular individual who happens to be the President of the Association and also running a Maritime Institute. 14. The learned senior counsel appearing for the petitioner contended that the candidate, who are sponsored by the various Shipping Companies are not required to take the common entrance test and this would lead to admission of the candidates who do not satisfy the merit criteria. 15.
14. The learned senior counsel appearing for the petitioner contended that the candidate, who are sponsored by the various Shipping Companies are not required to take the common entrance test and this would lead to admission of the candidates who do not satisfy the merit criteria. 15. We have seen the Notification issued by the first respondent University giving the admission and application details for 2010 and under the Chapter admission procedure, it is stated that it is mandatory for all the candidates to qualify in the common entrance test conducted by the Indian Maritime University to seek admission in B.Sc. (Nautical Science) programme irrespective of whether their candidature is sponsored by a Shipping Company/DGS approved manning agent or not. Therefore, the contentions raised by the learned senior counsel for the petitioner is not tenable. 16. Hence, for all the above reasons, we find absolutely no grounds to entertain this writ petition and the same is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.