Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011 Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011

IN THE HIGH COURT OF KERALA AT

PRESENT:

THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE B.P.RAY

TUESDAY, THE 25TH DAY OF SEPTEMBER 2012/3RD ASWINA 1934

WA.No. 110 of 2011 ( ) IN WPC/1723/2011 ------AGAINST THE ORDER/JUDGMENT IN WPC.1723/2011 DATED 20-01-2011

APPELLANT(S)/PETITIONER: ------

ZIYAD ALI INTERNATIONAL EDUCATION COUNCIL, SHENOYS JUNCTION M.G.ROAD, COCHIN-682 035.

BY ADVS.SRI.GEORGE POONTHOTTAM SRI.MOHAMMED RAFIQ

RESPONDENT(S):/ RESPONDENTS ------

1. THE COMMISSIONER OF , COCHIN CITY.

2. THE DIRECTOR GENERAL OF SHIPPING, OFFICE OF THE DIRECTORATE OF GENERAL SHIPPING NEXT TO REX CHAMBER, JAHAZ BHAVAN MUMBAI GPO (FORT), MAHARASHTRA-400 001.

3. THE REGISTRAR, MANONMANIAM SUNDARANAR UNIVERSITY, THIRUNELVELI TAMIL NADU, PIN-627 012.

BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI BY ADV. SRI.T.SANJAY, CGC BY ADV. SHRI.GEORGE MECHERIL, SR.GOVERNMENT PLEADER

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06-09-2012, ALONG WITH WPC. 1723/2011, THE COURT ON 25/09/2012 DELIVERED THE

Indian Kanoon - http://indiankanoon.org/doc/21241699/ 1 Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011 FOLLOWING:

W.A.NO.110/2011

APPENDIX

APPELLANT'S EXHIBITS

ANNEXURE-AI : COPY OF THE DETAILS OF THE STUDENTS WHO RECEIVED SEAFARER'S IDENTITY DOCUMENTS (CDC) AS MARINE TECHNICIANS FROM PANAMA MARITIME AUTHORITY, DIRECTORATE GENERAL OF SEAFARER'S REPUBLIC OF PANAMA UNDER ARTICLE VI OF STCW 78/95.

ANNEXURE-AII : COPY OF THE DETAILS OF THE STUDENTS WHO ARE UNDERGOING THE TRAINING AND ARE OFFERED PLACEMENT AFTER COMPLETING THE TRAINING.

RESPONDENT'S EXHIBITS

ANNEXURE-R1(a) : COPY OF THE MERCHANT SHIPPING (STANDARDS OF TRAINING CERTIFICATION AND WATCH KEEPING FOR SEAFARERS) RULES 1998, FRAMED BY THE GOVERNMENT OF .

ANNEXURE-R1(b) : COPY OF THE RELEVANT PAGES OF PREAMBLE AND ARTICLES OF THE SEAFARER'S IDENTITY DOCUMENTS CONVENTION (REVISED), 2003.

ANNEXURE-R1(c) : COPY OF THE RELEVANT PAGES OF SECTION 99A OF INDIAN MERCHANT SHIPPING ACT 1958 AS AMENDED.

ANNEXURE-R1(d) : COPY OF THE MERCHANT SHIPPING (CONTINUOUS DISCHARGE CERTIFICATE-CUM-SEAFARER'S IDENTITY DOCUMENT) RULES 2001.

ANNEXURE-R1(e) : COPY OF THE NOTIFICATION PUBLISHED IN THE OFFICIAL WEBSITE OF THE DIRECTORATE GENERAL OF SHIPPING.

//TRUE COPY//

PA TO JUDGE. jg

C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ.C.R...... W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 ...... Dated this the 25th day of September, 2012.

J U D G M E N T

Ramachandran Nair, J.

Indian Kanoon - http://indiankanoon.org/doc/21241699/ 2 Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011 W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 The above impressive pictures of models wearing uniform and insignia of Merchant Navy Captains attracted lot of aspirants to unauthorised Marine Technology Institutes, one such Institute is run by the appellant/petitioner herein against whom the City Police Commissioner issued prohibitory orders against conduct of the unauthorisd courses. When W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 complaint was received against the petitioner/appellant by the City Police Commissioner, Kochi, about running of unauthorised marine courses, he sought clarification from the Director General of Shipping (DGS). The DGS through Ext.P12 letter produced in WP(C) No.1723/2011 clarified to the Police Commissioner that the Institute run by the appellant/petitioner is not approved by the DGS and so much so whatever be the Diploma awarded by the Institute, the students passing out from there will not get Continuous Discharge Certificate (CDC) and Seafarer's Identity Document without which they will not be entitled to get employment in Ocean going Ships and Vessels. Based on Ext.P12 clarification issued by the DGS, the Kochi City Police Commissioner issued Ext.P11 to the petitioner directing him to stop the courses, i.e. Diploma in Marine Mechanical Fitter course and Advanced Diploma in Marine Mechanical Fitter course, conducted in his Institute, wherein around 450 students are admitted. The petitioner challenged Ext.P11 prohibitory order issued by the Commissioner of Police, Kochi in the Writ Petition filed before W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 the learned Single Judge of this Court, who declined stay against the prohibitory order issued by the Police Commissioner which led to virtual closure of the Institute. The petitioner therefore filed Writ Appeal No.110/2011 before us seeking permission to continue the conduct of courses on the ground that the above two Diploma courses are conducted by him with the affiliation to the Manonmaniam Sundernar University located at Thirunelveli, Tamilnadu, under their Distance Education Programme and he has also approval for the one course from the National Council of Vocational Training (NCVT). We felt that if the appellant/petitioner is conducting courses according to law with due approvals from statutory authorities, this Court should permit running of the Institute. However, since the matter is highly technical, we directed the Department of Ship Technology, Cochin University of Science & Technology, to conduct an inspection of the Institute and enquire into the course studies and report to this Court about the eligibility of the appellant/petitioner to run the Institute for conducting the Marine Diploma Courses. W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 Besides this, we directed the State Police Chief to conduct enquiry about the other unauthorised Marine Technology Institutes run in the State without the approval of the DGS. A team chaired by Dr.K.P.Narayanan, Head of the Department of Ship Technology, Cochin University, with Dr.C.G.Nandakumar, Associate Professor, Department of Ship Technology, Cochin University and Mr.M.P.John, Deputy Chief Surveyor cum Senior Deputy Director General of Shipping (Tech.), Kochi as members submitted report stating that none of the courses run by the appellant/petitioner has approval from the DGS and the University under the Distance Education Scheme of which the appellant/petitioner is running the Institute also has not permitted the conduct of courses as on the date of inspection. The State Police Chief reported that there are as many as 13 similar Institutes in the State run without any approval from the DGS and some are proceeded against for cheating of students and for the balance the Police proposes to take action after this Court decides the matter. Since the decision in the Writ Appeal will render the Writ Petition itself infructuous, the W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 Writ Petition is also posted for hearing along with the Writ Appeal.

Indian Kanoon - http://indiankanoon.org/doc/21241699/ 3 Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011 2. We have heard learned counsel for the appellant/petitioner, and Adv.Shri.T.Sanjay, learned Standing Counsel for the Central Government and Director General of Shipping and also learned Senior Government Pleader appearing for the State and Police authorities.

3. Learned Standing Counsel for the Central Government and DGS supported the case of the Police by stating that all advertisements by the appellant/petitioner and other Institutions are misleading and innocent people are attracted to these Marine Institutes under the impression that they will qualify for good jobs in Ships on passing out of the course studies offered by the appellant/petitioner and other Institutes. According to the DGS, the Continuous Discharge Certificate or Seafarer's Identity Document issued by the DGS under the Merchant Shipping (Standards of Training, Certification and Watch Keeping for Seafarers) Rules, 1998 prescribed under the Provisions of the Merchant Shipping Act, W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 1958 is a mandatory document required for those passing out of these Institutes with whatever courses they have studied for employment in any ocean going Vessel or Ship. The specific information furnished by the DGS to the Police as well as in this Court is that only three Institutes in Kerala, one run by the Cochin University of Science and Technology, another by the and the third by name M/s.Euro Tech Maritime Academy, are the only Institutes approved by the DGS for running the courses entitling the qualifying students to serve in Ships. In addition to the above, there is one more Institute, which is said to be approved for conduct of few STCW courses. In short, the Institutes of the appellant/petitioner and the other unauthorised Institutes about which details are collected by the State Police do not have any recognition from the DGS. However, the very case of the petitioner is that they have not made any commitment to the student community joining their Institutes that they are eligible for CDC or Seafarer's Identity Document from DGS. On the other hand, appellant/petitioner's claim is that he is W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 authorised by M.S.University located in Tamilnadu to conduct the courses under the Distance Education Programme which is what they are doing and the same is permissible in law. The first contention raised by the appellant/petitioner that he has not made any commitment to the students about the entitlement for CDC or Seafarer's Identity Document from DGS without which students passing out of his Institute cannot get employment in Ships is to be rejected outright because the pictures of the models wearing uniform and insignia of Merchant Navy Captain itself are so misleading to the entire student community who fall at the trap of the Institutes and join them hoping to get attractive employment in Ships. However, since the appellant/petitioner has produced agreement from the University authorising to conduct Distance Education Programme for various courses, we have to certainly consider whether the course studies conducted by the petitioner are legal in respect of which Police cannot take any action.

4. Even though "Education" is in the concurrent list W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 under Item 25, we notice that there is a specific provision in the Union List under Entry 25 which is as follows:-

"List I - Union List.

25. Maritime Shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation

Indian Kanoon - http://indiankanoon.org/doc/21241699/ 4 Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011 of such education and training provided by States and other agencies."

It is worthwhile to notice that education and training in relation to maritime shipping and navigation is specifically covered under the above entry. In fact, the Merchant Shipping Act, 1958 itself is enacted by the Parliament in exercise of powers conferred under Entry 25 of the First List which confers exclusive authority on the Central Government to make law covering education and training in regard to maritime shipping and navigation also. Parliament has consciously made specific provisions in the Act providing for education, training and issuance of certificate to Seamen. Sections 98, 99 & 99A are extracted hereunder for easy reference:-

"98. Qualifications for, and medical examination of, seamen : (1) The Central Government may, W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 by notification in the Official Gazette, direct that, with effect from such date as may be specified in the notification, seamen generally or any category of seamen in particular shall not be engaged or carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one of them possesses the prescribed qualifications.

(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity.

(3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and in particular, and, without prejudice to the generality of such power, any rules so made may provide for-

(a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular;

(b) the standard of physical fitness required of seamen, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them;

(c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefor;

(d) the form and contents of medical certificates and the period of their validity;

(e) the re-examination by such medical authority as may be specified of persons who have been W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 refused medical certificates of physical fitness in the first instance and the fees payable for such re- examination;

(f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2).

Indian Kanoon - http://indiankanoon.org/doc/21241699/ 5 Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011 99. Prohibition of engagement of seamen in Indian port without discharge certificate.- No person shall engage or carry to sea any seaman under this Act in any ship, except a home-trade ship of less than two hundred tons gross, from any port in India unless the seaman is in possession of a certificate of discharge or a continuous certificate of discharge issued under this Part.

99A. Prohibition of engagement of seafarer without seafarer's identity document.- (1) No person shall engage or carry to sea any seafarer in any ship, unless the seafarer is in possession of seafarer's identity document.

(2) The seafarer's identity document under sub- section (1) shall be issued in such form and manner and on payment of such fees as may be prescribed. Explanation.- For the purposes of this section, "seafarer"ormeans any person who is employed or engagedshipworks in any capacity on board as sea going ordinarily engaged in maritime navigation, other than a ship of war."

5. In view of the above provisions made in exercise of constitutional authority by the Parliament, we do not think any University or authority in the Country can authorise conduct of a course study for eligibility for employment in Ships by any educational agency except in accordance with the said W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 provisions of the Act. Learned Standing Counsel for the Central Government, who is also appearing for the DGS, specifically canvassed the position that unless the Institute and the course study are approved by the DGS in terms of the provisions of the Act and the Rules, students passing out of such Institute are not entitled to take up any employment on board Ships or ocean going Vessels. The appellant/petitioner has no case that he got or is likely to get any DGS approval for the Institute or the course study conducted by him which are Diploma and Advanced Diploma in Marine Mechanical Fitter Courses. Learned Standing Counsel has produced copy of the Merchant Shipping (Continuous Discharge Certificates cum Seafarer's Identity Document) Rules, 2001, which provides for qualification, eligibility and requirement for a CDC or Seafarer's Identity Document for anybody to take up employment in ships. We have already noticed that without any approval from the DGS neither for the Institutes nor the courses conducted by them, the appellant/petitioner and others conducting unrecognised marine technical courses have W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 made advertisements showing pictures of models dressed in the uniform of Merchant Navy Captains with insignia on their shoulders misleading the entire student community to join the Institutes aspiring to become Merchant Navy Officers with the qualification acquired from the Institutes. So much so, prima facie the Cochin Police Commissioner rightly issued prohibitory orders to the appellant/petitioner against continuation of marine diploma courses that are not approved by the DGS because students certainly are not aware of the disability that they will not be eligible to get CDC or Seafarer's Identity Document from DGS without which they will get any employment in Ships. However, since the Institute is conducting marine mechanical courses with the agreement with the Manonmaniam Sundernar University located at Thirunelveli, Tamilnadu and with the NCVT approval for another course, we feel we have to consider the appellant/petitioner's eligibility with reference to the conclusions drawn by the Expert Committee in the report submitted in this Court pursuant to the interim order issued W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 by us. Following are the main conclusions drawn by the Expert Committee constituted by us consisting of the Head of the Department of Ship Technology and Associate Professor of the said Department of Cochin University and also the Deputy Chief Surveyor

Indian Kanoon - http://indiankanoon.org/doc/21241699/ 6 Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011 cum Senior Deputy Director General of Shipping (Tech.), Cochin, with reference to the Institute run by the appellant/petitioner.

(1) The Diploma in Marine Mechanical Fitter Course approved by the NCVT is run with 11 students though the permitted intake is 32. Most of the students, around 450, are undergoing the Advanced Diploma in Marine Mechanical Fitter Course, which is run with the provisional approval from the Manonmaniam Sundernar University located at Thirunelveli, Tamilnadu. However, there is no approval of any syllabus or curriculum or monitoring by the said University in the Distance Education Programme carried on by the appellant/petitioner in Kerala. It is specifically stated that the appellant/petitioner was not permitted as on the date of inspection by the Manonmaniam Sundernar University to carry on the courses in W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 terms of the Memorandum of Undertaking the University has signed with the appellant/petitioner. In fact, the University instructed the appellant/petitioner to discontinue the course vide their letter dated 18/08/2011, which is obviously after the issuance of prohibitory orders by the Police and filing of the Writ Petition in this Court.

(2) Even though the appellant/petitioner has crammed facilities for lecture classes and has got limited equipments prescribed under the NCVT, there is no provision for training students in Ships and the appellant/petitioner has no alternate arrangement for providing the same. The conclusion drawn by the Expert Team is that there is no facility to give practical training in marine engineering to the students of the Institute without which the course study has no worth. (3) The infrastructural and instructional facilities available in the appellant's/petitioner's Institute are not meeting the criteria or standards laid down by the DGS.

(4) It is clearly found by the Committee that under the Scheme of Examination, out of 550 marks 300 are provided W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 for practical training and out of this, 1/3rd weightage is for on board training. However, the appellant/petitioner has no explanation as to how on board ship training can be given to students without any facility or arrangement for the same. (5) The Principal of the School is found to be not qualified in any technical subject. The Institute however has certain technical staff to impart training to the students, though the Institute does not have adequate lab facilities or equipments. (6) It is seen that the Manonmaniam Sundernar University under whose banner the appellant is conducting the Institute appears to have informed the Committee that there were complaints about the appellant's/petitioner's Institute as a result of which the University has prohibited them to proceed with the conduct of the courses under the MOU. So much so, the appellant's/petitioner's claim that they have permission from the Manonmaniam Sundernar University to carry on the Advance Diploma course is no longer valid.

6. The findings by the Committee is that the impression given by the appellant/petitioner to the student W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 community through the advertisements is misleading and as of now, the only course the appellant/petitioner is entitled to conduct is the course approved by the NCVT for which course the appellant/petitioner has admitted only 11 students and the entire balance students of around 450 were admitted for the Advanced Diploma in Marine Mechanical Fitter course for which the approval granted by the Manonmaniam Sundernar University also stands suspended. Learned counsel appearing for the appellant/petitioner raised the

Indian Kanoon - http://indiankanoon.org/doc/21241699/ 7 Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011 contention that the CDC and Seafarer's Identity Document are the requirements only for Indian Ships and students who have passed out of appellant/petitioner's Institute can seek employment in foreign Vessels. In fact, learned counsel for the appellant/petitioner has produced copies of employment and visas whereunder some students who passed out from the appellant/petitioner's Institute appear to have got employment in foreign Ships though at very low wages. The appellant/petitioner's contention is opposed by the learned Standing Counsel for the Central Government / DGS by W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 submitting that all over the world for CDC and Seafarer's Identity Document, qualification and training are one and the same, and only in consonance with the International Conventions, the above Rules are framed under the Merchant Shipping Act. Learned counsel for the appellant/ petitioner raised a contention that there is provision to get CDC or Seafarer's Identity Document from various International Organisations and therefore students passing out of appellant/petitioner's Institute are free to apply for and obtain CDC or Seafarer's Identity Document from any such International Organisation for getting employment in the Ships. We do not think there is any need for us to consider the qualification required for employment in Foreign Shipping Companies because in our view, the course study conducted by educational institutions in India should conform to Indian laws. Controverting the allegation by the respondents that the appellant/petitioner is misleading students through advertisements, the appellant/petitioner has contended that he has not specifically claimed in their website or in the W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 advertisements that the students passing out from their Institutes are eligible for CDC or Seafarer's Identity Document. We are unable to accept this contention because advertisements with the pictures in our view are patently illegal and misleading giving the impression that the students joining and passing out the course study in the Institute concerned are qualified to become Marine Officers in Ships.

7. From the foregoing observations and findings and on the detailed consideration of the law on the subject and the report submitted by the expert team, we are of the view that the Marine Diploma Courses that can qualify students for employment in ships with CDC / Seafarer's Identity Document to be issued by the DGS, can be conducted only by Institutes which have facility to provide training on board ships in Shipyards and during sail. Even though Cochin Shipyard and Cochin University have the facility and are said to be running Institutes with the DGS approval, probably the number of students who could be trained may be very limited. This leads to opening of unauthorised Institutes who exploit the W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 youth by luring them with misleading advertisements. Unfortunately, the State Government is indifferent and they do not utilise the facilities available in Kerala for imparting coaching to students to qualify them for employment in ships. If the State Government starts Marine Technical Institutes to coach students for various types of employment in Ships, we are sure the Public Sector Company namely Cochin Shipyard Ltd. will render all assistance in giving training to students on board Ships under construction and also in variety of Ships reaching the Cochin Shipyard for repairs. Every industry in the corporate sector acknowledge their social responsibility by starting even educational institution by themselves. However, if for any reason they cannot start Institutes, it is for the Government to start the same and take their assistance to make the course study complete with practical training with them so that facility is provided to large number of students to quality them for employment in Ships. Even though shipping industry is also facing recession, still considering the demand from large number of educated youngsters in Kerala W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 for

Indian Kanoon - http://indiankanoon.org/doc/21241699/ 8 Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011 acquiring qualification in the marine field, we feel, the Government should seriously think of setting up of a large Institute in Kochi which can provide admission to sizable number of students desiring study in marine technical courses. There should be no problem for the Government to arrange for training on board and even sailing vessels because on daily basis passenger ships are operating between Kochi and Lakshadweep. It is high time the State Government should think in terms of the above lines suggested by us.

8. Going by our findings above, we are constrained to uphold the order of the City Policy Commissioner, Kochi issued in the case of the appellant/petitioner because the courses run by him will not quality any student for a proper employment commensurate with the course study. The position is same for all other unauthorised Institutes in Kerala, which are conducting Marine Technical Courses without the approval of the DGS. We have great sympathy for the large number of students who are undergoing the course study in these Institutes with the hope of acquiring qualification for W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 employment in Ships. We feel, the DGS with the State Government and with the assistance of Cochin University of Science and Technology and Cochin Shipyard, can probably make arrangements with approved Institutes in Kerala for completion of the course study for the students admitted in various unauthorised institutes in Kerala. If it is practically not possible, the Institutes are bound to repay the amount collected from the students admitted in Marine Diploma Fitter and other courses which need DGS approval. So far as the courses run with the NCVT approval is concerned, these Institutes are free to continue the conduct of such course, but there will be an express order of prohibition against any Institute advertising with pictures of Merchant Navy Officers with insignia falsely representing that the students on passing out the courses are entitled to employment in Ships. The Police should remove all misleading advertisements and those making false/misleading advertisements should be proceeded against in accordance with law.

9. We make it clear that ever so many technical W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 qualification acquired in air conditioning, electrification, welding etc. qualify people for employment in Ships. The conduct of such technical courses do not require any approval from the DGS. In fact, such technical persons and even the unskilled persons for getting employment in Ships are entitled to apply for the CDC and Seafarer's Identity Document under the Rules for employment in Ships. Therefore, what is objectionable is misleading advertisements and the course study offered giving the impression that such study entitles studetns for employment in Ships. Therefore, all Institutes including the appellant/petitioner's are entitled to run the courses approved by the NCVT or SCVT which has nothing to do with employment in Ships and no advertisement should be made by any Institute in relation to employment in Ships because such course studies are not oriented for employment in Ships alone.

10. We direct the State Police Chief in co-ordination with the DGS to conduct enquiry about the unrecognised marine technical courses conducted by other Institutes also W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 under cover of approval of any University without DGS clearance and take appropriate action to close down such Institutes to prevent exploitation of the student community. There will be direction to the DGS to consider the authority under which various Universities and NCVT as in this case authorise conduct of marine courses under their banner without DGS approval

Indian Kanoon - http://indiankanoon.org/doc/21241699/ 9 Against The Order/Judgment In ... vs By Advs.Sri.George Poonthottam on 20 January, 2011 of their syllabus and to prohibit the same and take appropriate action against the Universities and other authorities concerned. However, we reiterate the need to have sufficient Institutes with infrastructural and instructional facilities to coach and train desiring youngsters to quality them for employment in Ships which could be achieved by increasing the capacity of eligible Institutes, for example, the Institutes run by the Cochin Shipyard and Cochin University of Science and Technology.

We place on record the commendable service rendered by by the expert team constituted by us comprising of Dr.K.P.Narayanan, Head of the Department of Ship Technology, Cochin University, and Dr.C.G.Nandakumar, W.A.No.110 of 2011 & WP(C) Nos.1723 of 2011 Associate Professor, Department of Ship Technology, Cochin University and Mr.M.P.John, Deputy Chief Surveyor cum Senior Deputy Director General of Shipping (Tech), Kochi. Even though we sought their views on the remuneration expected, they have not demanded anything. However, we feel, the Registry should contact all of them and take their suggestions on the remuneration expected by them for this court to order on the same. Registry will post the case with the report of the Registrar for passing appropriate orders on this. There will be direction to the Registrar (Judicial) to forward a copy of this judgment to the Head of the Department of Ship Technology, Cochin University of Science and Technology.

These Writ Appeal and Writ Petition are dismissed as above.

(C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg

Indian Kanoon - http://indiankanoon.org/doc/21241699/ 10