MARITIME INSTITUTE ASSOCIATION Vs. SECRETARY MINISTRY OF SHIPPING

JUDGEMENT

(1.) All the writ petitions relate to the power of the Director General of Shipping, Mumbai, in granting approval of courses, recognition and affiliation of the institutes offering maritime studies, regulating the intake capacity of students to Maritime Institutions, pre-sea and post-Sea training, determination of the eligibility criteria, etc., vis-a-vis the Power of the Indian Maritime University, Chennai. As pleadings and submissions are common, they are being disposed of by a common order.

(2.) According to the petitioner in W.P. Nos. 10912and 10913 of2009, it is an Association of Maritime Training Institutes registered under Tamil Nadu Act 27 of 1975 and has about 16 members, who are all Educational institutions conducting approved courses pertaining to Pre-Sea Training. The petitioner in W.P. Nos. 13687 and 13688 of 2009 is an Academy. According to the petitioners, Prior to 2008, there was no Act or rules to facilitate, regulate or promote Maritime studies in the Country. However, courses such as, B.E. Marine Engineering, B.Sc. (Nautical Science) and Diploma in Nautical Science, leading to B.Sc, Degree in Nautical Science, were offered by the institutions affiliated to the respective Universities. After the enactment of the Indian Maritime Universities Act, 2008 (in short "the IMU Act"), the powers of approval, affiliation, etc., which were hitherto exercised by the Director General of Shipping, Mumbai (in short 'DGS') in association with the approved Universities, have been transferred to Indian Maritime University (in short "IMU"), established through an Act of Parliament on 11.11.2008, with an object to establish and incorporate a teaching and affiliating University at the National Level, to facilitate and promote maritime studies and research. According to the petitioners, Section 5 of the IMU Act, authorises the University with various powers including the following:

(3.) The petitioners have further contended that Section 19(4) and 19(5) of the IMU Act provides for formation of "the Academic Council" and "the Board of Affiliation and Recognition." While the "Academic Council" under Section 22 of the Act, has the powers of control and supervision and be responsible for the maintenance of standards of instruction, education and examination within the University and shall exercise and perform such other powers and duties as may be conferred or imposed upon it, under Section 22, the "Board of Affiliation and Recognition" shall be responsible for admitting colleges and Institutions to the privileges of the Indian Maritime University under Section 23.