PITTA SREEKANTH Vs. DIRECTOR GENERAL OF SHIPPING

JUDGEMENT

(1.) The 2nd respondent is a Marine Officers Training Academy (MOTA) approved by the first respondent/The Director General of Shipping (DGS) for conducting various maritime training courses primarily to cater the needs of seafarers to qualify them to work on board merchant and other ships. The second respondent offer basic modular courses, pre-sea and post sea courses, short term courses with the approval of the first respondent.

(2.) From the second respondent Institute, the petitioner underwent maritime Personnel Survival Techniques (PST), Elementary First Aid (EFA), Personnel Safety and Social Responsibility (PSSR) and Fire Prevention & Fire Fighting (FPFF) courses (better known as Basic Safety STCW courses) between 03/12/2018 and 14/12/2018. On the first day of joining the course, the 2nd respondent Institute has uploaded the profile of the petitioner along with course detail and batch number into the e-data of the first respondent portal and get the computer generated certificate number which will be reflected in the certificate issued after completion of the training along with the Indian National Database Of Seafarers (INDoS) number. Accordingly, on enrolling into the short term courses (STCW) on 03/12/2018, the petitioner was assigned certificate number and INDoS number by the first respondent through its e-governance system. On completion of the STCW course, certificate was issued which reflect the certificate number and INDoS number. INDoS number is essential for any seaman to get employment in merchant ships or navy.

(3.) The petitioner after completing his STCW course on 14/12/2018, applied to the second respondent Institute for pre-sea course (6 months duration) and got selected. The classes were supposed to commence from 01/07/2019. He came to Pondicherry on 29/06/2019 to join the course. Then, he was informed by the second respondent that his INDoS number had been de-activated and suspended by the first respondent, so, he cannot pursue the course. Later, the petitioner verified and came to know that on 21/06/2019 the first respondent has sent an e-mail stating that, the INDoS number pertaining to the petitioner is temporarily de-activated for verification of certificates of courses undertaken at the second respondent institute (MTI No. 4020414) and to revoke suspension to submit to the Directorate any objective evidence to prove that the petitioner attended the said course.