Balaji Seamen Training Institute Rep. by its Chairperson v. The Director General of Shipping
2012-01-30
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of Mandamus, directing the respondents 1 and 4 herein to forthwith to permit the petitioner institution to admit students directly to the 41 seats remaining vacant and further vacancies that may arise out of the ineligibility and failure to report for admission on the part of the allotted 28 candidates for the course commencing from 2nd January 2012. 2. Prior to issuance of order dated 30.06.2011, notice dated 29.03.2011 was issued by the Assistant Director General of Shipping to regulate admission, examination and certification in respect of GP Ratings, which is governed by Maritime Education, Training and Assessment (META) Manual, having statutory force of law, in view of the rules framed by the Central Government in exercise of powers conferred under Sections 87, 98, 457 and 458 of the Merchant and Shipping Act, 1958. 3. The decision to regulate Pre Sea Training course, was challenged by M/s.Maritime Institutes Association, by way of W.P.No.8914 of 2011. The writ petition came up for hearing on 07.04.2011. On that date, this Court was pleased to pass the following order in M.P.No.3 of 2011 in W.P.No.8914 of 2011: "Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim stay of the proceedings of the 1st respondent dated 29.03.2011 so far it relates to admission, conduct of examination, certification, etc. pertaining to pre-sea training courses other than certificate of competency courses set out under Section 78 of Merchant Shipping Act, 1958, for which examination is conducted by the 1st respondent, pending in W.P.No.8914 of 2011. Order: This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.McGan Law Firm, Advocate for the petitioner and of Ms.Bhuvaneshwari, SCGSC for R1 the court made the following order: There shall be an order of interim stay. Ms.Bhuvaneshwari,learned SCGSC takes notice for R1. Issue notice to R2 & R3, returnable in eight weeks." 4.
Ms.Bhuvaneshwari,learned SCGSC takes notice for R1. Issue notice to R2 & R3, returnable in eight weeks." 4. Keeping in view the interim order passed by this Court, referred to above, the respondents did not proceed with the holding of any examinations, which forced the Marine Officers Training Academy, to file W.P.No.12620 of 2011, for issuance of direction to the respondents to hold exit exam for the General Purpose Rating and Certification Course for Maritime Catering Rating, which was scheduled to commence on 28th May, 2011 onwards, as notified in February, 2011. The exit examination is covered under Section 98 of M.S.Act. 5. It is not disputed that inspite of interim order dated 07.04.2011 of this Court, reproduced above, the respondents proceeded to hold Pre Sea Training course exams by misinterpreting the subsequent order passed in W.P.No.12620 of 2011, permitting the holding of exit exam, to be covering even pre Sea Training course examinations. 6. This interpretation by the respondents is prima facie not correct, as it is not possible for the Honble Single Judge of this Court, to overrule to modify the direction issued by other Honble Single Judge in subsequent writ petition. 7. Therefore, this Court is required to interpret the orders, which support both the orders passed by this Court, rather to negate one of the orders. 8. The only interpretation, therefore possible is to hold that this Court in W.P.No.8914 of 2011 had stayed the holding of examination for Pre Sea Training course, whereas by the second order, this Court had ordered to hold the examination in exercise of powers conferred under Section 98 of M.S.Act, i.e. the exit examinations. 9. If this interpretation is adopted, examination held qua Pre Sea Training course, is prima facie contrary to the stay order granted by this Court, therefore, is not sustainable in law. 10. However, it may also be noticed, that in spite of stay by this Court, the petitioner chose to associate with the Pre Sea Training course, and now have approached this Court for interim direction to fill up vacancies left unfulfilled for want of students being sponsored by respondents, to fill up all the seats in respective institutions. 11. In view of the position stated above and specially keeping in view the fact, that examinations held in violation of stay order cannot be held to bar the rights of respondents to fill up the vacancies.
11. In view of the position stated above and specially keeping in view the fact, that examinations held in violation of stay order cannot be held to bar the rights of respondents to fill up the vacancies. However, keeping in view the fact that the petitioner chose to associate in the examinations in spite of interim order by this Court, this writ petition is disposed of with the following directions. i. that the petitioner institution shall be at liberty to fill up the seats out of the candidates sponsored by the respondents, who have passed the examinations conducted for Pre Sea Training course, and were allocated to respective institutions; ii. In case any seats remain unfulfilled, those can be filled up by the petitioner institution for this session only from the candidates fulfilling the eligibility condition, laid down for being admitted to the Pre Sea Training course; and iii. It is made clear that the petitioner institution, shall not be allowed to charge fee, over and above the one fixed by the respondents for GP Rating Course. 12. This order has been passed, keeping in view the stay granted by this Court, and be not treated as precedent for the next year. 13. The petitioner shall fill up the vacancies within 10 days from today and send the list of the admitted candidates along with their qualification with details of the fee charged, to the respondents for approval. The respondents shall approve the admission of candidates admitted, who fulfill the educational qualification prescribed for the course within 10 days of receipt of the list for this session. 14. No costs. Consequently, all the miscellaneous petitions are disposed of in the above terms.