NARESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In all these petitions a common question of facts and law has been raised and as such they are being disposed of by this common judgment. For brevity, we are taking the facts from Writ Petition No. 238 of 2003.

(2.) The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 ("STCW 78") came into force globally. India was one of the signatories to the Convention and ratified the Convention on 16-2-1986. The object of the Convention is to have uniform standard of training and certification. Thus, Article VI of 1978 Convention enjoins that Certificates be issued for masters, officers or ratings. It provides that these shall be issued to those candidates who meet the requirements for service, age, medical fitness, training, qualification and examinations in accordance with the appropriate provisions. The 1978 Convention was amended in 1995 and is known as STCW 1995. This 1995 Convention extensively amended by 1978 Convention but Articles I to XVII of 1978 Convention remained unamended. Consequently, the Merchant Shipping (STCW) Rules, 1998 were also framed. Rule 11 inter alia requires that existing CoS holders who intend to become holder of CoC shall be required to complete approved training assessment. Similarly, Rule 15 requires that every Master on a sea-going of 500 gross tonnage or more shall hold an appropriate Certificate of Competency in Form 3. The respondent also issued M.S. Notice Nos. 2 of 2000, 4, 5 and 6 of 2001 in compliance with Rules 11 and 15 by prescribing the procedure of continued employment of CoS holders by obtaining a CoC as amended under STCW 1995.

(3.) Being aggrieved by the aforesaid procedure, a writ petition had been filed inter alia praying for the following relief :-